Artificial Intelligence-Generated Artworks:protection of copyright in Brazil for artistic works used in AI databases in light of the U.S. fair use doctrine
This study analyzes the applicability of the fair use doctrine in the context of using artistic works in databases for training Generative Artificial Intelligences (AI).It employs bibliographic research combined with a qualitative-quantitative approach to cases filed in U.S. courts concerning copyright issues involving generative AIs. Initially, the discussion centers on the protection of intangible assets and the intensification of the dematerialization of property in the informational society. The study then focuses on identifying the guidelines provided by copyright theories and their compatibility with works generated by Artificial Intelligence (AI). Finally, it explores the contrast between the use of protected works by AI programs and the American doctrine of fair use, highlighting the utilitarian perspective in this debate and the applicability of this doctrine in Brazilian law. Based on the proposed analysis, the investigation concludes that adopting an extensive interpretation of Brazilian copyright law is more advantageous to facilitate the influx of new contributions from the real world. Consequently, it becomes necessary to analyze the applicability of fair use by Brazilian courts and weigh the arguments for and against considering the creation of databases with protected works as fair use.
