We live in a world where every day we come across a new Artificial Intelligence (AI) system! These are capable of surprising everyone with their “cognitive capacity” similar or superior to that of humans. This sometimes generates discussions about putting the future of many professions in question, which fear being replaced by a robot capable of carrying out the same work. Discover the point of view and recommendations of a legal advisor specialized in data protection and digital assets on the topic.
From the fondly remembered Akinator to the brand new Chat GPT !!! AI systems are becoming increasingly popular, gaining more users who seek to optimize tasks that previously represented hours or days of work.
However, there are serious legal grounds that can pose significant risks to organizations and that require attention from their managers.
Therefore, it is necessary to observe the methods, tools and sources used by AI systems. Both from the point of view of the reliability of the information provided and the origin coming from the script matrix.
Recently, Reuters reported on a lawsuit filed by photo provider Getty against artificial intelligence company Stability AI Inc. The dispute concerned the misuse of over 12 million Getty photos to inform its image generation platform.
According to the periodical, there are other processes and complaints of the same nature, filed against Stability and other rapidly growing companies in the field of generative AI.
To illustrate, the company Stability AI, valued at 1 billion dollars, launched the Stable Diffusion and DreamStudio systems in 2022. These use AI to generate images, based on text input. In other words, technologies like Stability do not create content or images, but replicate or clone information available in a fragmented form on the Internet.
In the process, Getty sought that Stability refrain from using its images, requesting that the profits resulting from the improper and unlicensed use of millions of its photographs, through the programming of the Stable Diffusion system, be included in the compensation amount.
There is also Getty's accusation of unfair competition, substantiated through the improper use of millions of licensed digital assets, for purposes related to AI, in addition to Stability's violation of Getty's trademarks.
In turn, in this context of intersection between copyright and artificial intelligence, Vanzin & Penteado, as a legal consultancy specialized in data protection and digital assets, highlights that companies need to be aware of two crucial aspects to guarantee protection and appreciation of your digital assets.
It is worth highlighting that, while challenges related to intellectual property and copyright in the field of artificial intelligence intensify globally, it is important to consider the current regulatory scenario in Brazil and how it may affect companies involved with AI.
In Brazil, the regulation that establishes the principles and foundations for AI is through Bill 21/2020. Approved by the Chamber on 29/09/2021 and now awaits a vote in the Senate.
In its text, PL21/2020 establishes the legislative and normative competence of the Union, listing regulatory aspects, granting sectoral bodies and entities such prerogatives.
(Image above created with the DALL·E 2 platform )
Namely, for AI enthusiasts, the main point of the project refers to the impossibility of regulating the topic by the Government. Except for what is “absolutely necessary”.
Certainly, in the future, we will have new discussions and regulations involving not only the use of data, but the production resulting from AI, with the rights inherent to personality being perhaps applicable, highlighting that legal issues suffer a delay compared to the technological issues raised daily.
We emphasize that legal battles of this nature in the technology industry are historic and have involved, in the past, the titans Microsoft, Apple and Samsung, that is, they are not limited to new market players or those following AI.
In general, we can conclude that, in an innovative market, whose asset valuation easily exceeds billions of dollars, it is not just end users who are looking for easy and quick ways to solve their problems, so it is necessary to seek advice legal specialized in data protection and digital assets not only for creating documents, such as contracts and policies aimed at preserving digital assets, but also in identifying potential infringers, protecting companies with injunctive legal actions against rights violators.
If you have questions about the subject or if you wish to schedule legal consultation on the subject, we will be happy to assist you.
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