O Direito Autoral na Era da Inteligência Artificial Generativa: uma análise do Projeto de Lei no 2.338/2023 frente à proteção de obras textuais no Brasil

Abstract

With the advent of Artificial Intelligence and its accelerated advancement in recent years, its consolidation as an accessible, widely disseminated tool incorporated into daily use is becoming increasingly evident. In this context, Generative Artificial Intelligence emerges, responsible for creating varied content such as videos, images, and texts, based on the reproduction of creative patterns through the massive processing of data. Despite being a significant technological advancement, the growing use of these systems in different areas raises relevant questions in the field of copyright law, especially regarding authorship, ownership, and the potential use of protected works in the training of these systems. Faced with these and other challenges arising from the advancement of AI, Bill n. 2.338/2023 was proposed, aiming to establish guidelines for the use of artificial intelligence, including the protection of copyright. In this context, the present work aims to analyze the aforementioned bill in order to verify whether it is capable of specifically balancing the protection of written works and guaranteeing the autonomy of authors in the face of the expansion of generative AI, examining its provisions in light of the current legal framework and new technological demands. To this end, it begins with a literature review to present the historical advancement of copyright law and the use of Artificial Intelligence, as well as documentary research based on existing legislation and, specifically, on Bill n. 2.338/2023. The analysis revealed that the bill is insufficient, presenting significant gaps in the regulation of AI within the scope of copyright law, particularly when it comes to textual works. Its provisions lack greater specificity and do not encompass the complexity of these systems, especially regarding the production of textual content, whose dynamics are particularly complex and multifaceted.