Copyright and Quality of Instructions in Works Generated by Artificial Intelligence

Cervera A.; Obiol E.; Cardenas-Gonzales J.R. · Nuevo Derecho (2026) · DOI: 10.25057/2500672x.1726

Resumen

In the legal framework of copyright, the emergence of generative artificial intelligence has marked a significant academic disruption that raises a debate associated with determining whether works generated with these technologies are eligible for copyright protection. This research addresses this issue by proposing three parameters: original, non-generic instructions that are part of an iterative process. These are key criteria for establishing the necessary quality threshold that user-entered instructions must meet in order to obtain results that comply with the regulatory requirements established by current legislation for their protection as original works. To this end, the concept of originality was addressed in its objective, subjective, and mixed dimensions. In addition, an analysis was carried out on various doctrinal positions regarding the dilemma of authorship, especially with regard to the identification of the appropriate human actor to hold that title. It was concluded that it is the users who, from a mixed perspective of originality, by contributing intentionality, should hold rights over the works generated. However, legal doctrine should focus on formulating arguments that allow the attribution of authorship to be centered on the human being. © (2026), (University Institution of Envigado). All rights reserved.

Instituciones: Universidad de San Martín de Porres