Inaplicabilidad legal de protección intelectual en obras creadas por Inteligencia Artificial.

Abstract

This research investigates the legal implications of works created by artificial intelligence (AI), examining doctrinal, international, and comparative aspects related to intellectual property. It also analyzes the current legal framework in Ecuador for protecting these rights, assessing the applicability of existing regulations to AIgenerated creations. Through a documentary analysis of theoretical and normative sources, and employing historical-juridical, comparative, and exegesis methods, the study aims to clarify the relationship between law and AI, particularly concerning copyright. The research concludes that, under current regulations, AI-generated works cannot have copyright holders other than human individuals, meaning machines or AI systems cannot hold rights to their creations, even with minimal human intervention. The study highlights the need for an appropriate and supranational legal framework to address these emerging issues, ensuring legal certainty and facilitating the development and distribution of AI-generated creations. This approach is expected to promote innovation and technological advancement.