Pablo Fernández Carballo Calero
Full Professor of Commercial Law. University of Vigo
Academic Counsel HOYNG ROKH MONEGIER Madrid
Abstract
The relationship between authors and the software used to bring their creations to life has not traditionally posed any problems.
Indeed, until the recent past, it has been a matter of course to state that the software used by the author to conceive a given work is, in most cases, a mere tool – necessary to a greater or lesser extent - but, in any case, a simple support element in the creative process.
This initial approach has changed radically with the development of AI systems and particularly with the development of machine learning software, a branch of artificial intelligence that produces autonomous systems capable of learning on their own.
Thus, certain AI systems are more than tools through which users express their own ideas. Unlike ordinary tools, whose results always reflect the creative contributions of their users, such systems are potentially capable of creating content with “no” or minimal human intervention.
In this context, the lecture delves into the interaction between AI and copyright and raises the following question in particular: Should copyright be attributed to original literary and artistic works that are autonomously generated by AI or should a human creator be required?
In order to answer this question, it is essential to distinguish between (i) works produced autonomously by AI systems (AI-generated works) and (ii) works produced by AI systems in which a relevant human contribution is verified (AI-assisted works).
From this starting point, we will discuss if the traditional axiom that “just original works created by a natural person are the object of copyright” is still valid, or whether, on the contrary, the irruption of intelligent machines should alter the current status quo.
About the speaker
Graduate in Law at the University of Vigo with the Bachelor’s Degree Extraordinary Award. PhD in European Law at the University of Bologna.
Currently Full Professor of Commercial Law at the University of Vigo (Spain). Researcher at the London School of Economics, Columbia University, the Institute of Comparative European Law at Oxford University and the Centre for European Legal Studies at Cambridge University.
First Prize of the Xunta de Galicia in Research Works on consumer affairs and first runner-up in the National Prize awarded by the Centro de Estudios Financieros (CEF) for legal articles in the "Civil and Commercial Law" category.
Author of more than 70 publications, including various doctrinal articles, book chapters and comments on case law.
Author of the monographs:
- Pubblicità occulta e product placement" (Cedam, 2004)
- El carpooling o viaje en coche compartido: especial referencia a BlaBlaCar" (Aranzadi, 2019)
- La propiedad intelectual de las obras creadas por inteligencia artificial (Aranzadi, 2021)
- 25 Things you should know about artificial intelligence art and copyright (Aranzadi, 2022), co-author with Anxo Tato Plaza and Christian Herrera of the monograph
- La reforma de la Ley de Competencia Desleal (La Ley, 2010) and director of the collective work
- Derecho mercantil y cine" (Aranzadi, 2016).
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