La titularidad de los derechos de autor sobre las obras generadas por inteligencia artificial.

Abstract

The purpose of this degree work is to show the conceptual tension faced by the two basic institutions of the continental copyright system, authors and works, in the light of new technological developments. Specifically, the problem to be solved is the application of concepts generated by AI expert systems. This is because the continental copyright system embraces the concept of authors and works in relation to human intelligence, ignoring the possibility of intellectual creation by other subjects (such as expert systems). Determining the authorship of works created by entities other than natural persons presents a challenge for this copyright system. Hence the research question arises: Who owns the copyright for AI-generated works? The answer to this question is obtained by analyzing the subjective and objective position regarding copyright in countries governed by traditional European norms, Anglo-American norms and of course those involved in our Ecuadorian regime. It is a conceptual analysis of the legal and non-legal systems, both of rights, copyright and artificial intelligence, and then determine whether these concepts are mutually exclusive or inclusive, thus evaluating the applicability of copyright concepts to works generated by AI.