Reconocimiento de la colaboración y uso de Inteligencia Artificial para la protección de los derechos de autor en el Ecuador.

Abstract

The present academic article addresses the analysis and potential recognition of collaboration between artificial intelligence (AI) and the protection of copyright. The absence of legal provisions that consider the involvement of programmers or the use of technological tools in thecreation of inventive, literary, or artistic works is highlighted within the current legal framework. The increasing adoption of artificial intelligence poses challenges, already acknowledged in some countries within the intellectual property realm. In the context of this shift, emphasis is placed on the need to prepare for ensuring protection beyondthe limits set by current regulations. Legal uncertainty is evident when questioning how the autonomous creation of works by artificial intelligence systems affects the ownershipof copyright and industrial property rights, creating gaps in legal analysis and motivating different jurisdictions to consider adapting lawsto this new reality. The structure of the article includes an introduction to the legal issue, exploration of the intersection between Intellectual Property and Artificial Intelligence, analysis of the legislative debate surrounding intellectual property law, and finally, the proposal of a "Table of Proportions for Human-Artificial Intelligence Collaboration." The implementation of this table aims to promote innovation and ensureadequate protection of copyright in the context of artificial intelligence in Ecuador.