Titularidad y autoría de los derechos de propiedad intelectual en creaciones generadas por inteligencia artificial.

Abstract

The advancement of artificial intelligence has gone beyond its initial function as an assistance tool, becoming an element with a direct influence on content creation. Its impact is evident in areas such as the arts, literature, music, and technology, generating a growing debate about its relationship with copyright, which has traditionally been based on human intervention.Therefore, it is crucial to analyze how technological evolution challenges our classical notion of authorship and the prevailing regulatory criteria. One of the main challenges is determining whether ownership should lie with the system developer, the user who employs it, or whether these creations should remain without specific attribution. However, these questions compel us to address them, making it both mandatory and necessary to examine concrete cases and jurisprudential references that illustrate the effects of these decisions. This research proposes regulatory adjustments to resolve legal gaps in the matter, aiming to ensure adequate protection of intellectual rights without hindering the development of new technologies. These proposals seek to balance the interests of human creators with the possibilities offered by artificial intelligence in the creative field.