Two intelligences and one authorship: chatGPT and the recognition of personality in the Peruvian legal framework

Angulo-Matos G.A.; Romero-Rodríguez N.L.; Calderón-Marenco E.A. · Justicia (Barranquilla) (2025) · DOI: 10.17081/just.30.47.8003

Resumen

This article examines the intersection between artificial intelligence and copyright within the Peruvian legal framework, analyzing whether tools like ChatGPT can be considered legal subjects and, consequently, authors of intellectual works. The objective is to determine whether the recognition of artificial intelligence as an author is viable within the current legal system. The method used is a normative and doctrinal analysis based on the review of Peruvian legislation, specialized doctrine, and international regulatory frameworks. The results show that Peruvian copyright law limits authorship to natural persons, excluding artificial intelligence due to its lack of legal personality, consciousness, and autonomous creative capacity. Additionally, it is identified that originality and personal imprint are essential requirements for the protection of intellectual works, reinforcing the impossibility of attributing copyright to artificial intelligence. The conclusions emphasize that artificial intelligence should be understood as a tool serving human creators, without prejudice to future legal debates on the regulation of economic rights derived from its use. The need to adapt the legal framework to new technologies without compromising the fundamental principles of copyright law is highlighted.

Instituciones: Universidad Continental