Ethical and Legal Challenges of Artificial Intelligence with Respect to Intellectual Property

In Antonio Baraybar-Fernández, Sandro Arrufat-Martín & Belén Díaz Díaz, The AI Revolution: How Technological Developments Affect the Audiovisual Sector. Cham: Springer Nature Switzerland. pp. 63-80 (2025)
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Abstract

Nowadays, in the fast-paced technology world landscape, the term “artificial intelligence” (AI) has become a ubiquitous concept. The technology is advancing rapidly and legislation is still lagging behind. In the case of IA this phenomenon is being even more flagrant as it is being equated to a new industrial revolution. The technological horizon is expanding dynamically and in turn, the commercialization and use of AI-powered technologies is increasingly becoming more prevalent and accessible to the mainstream of society. The evolution of the environment brings with it a number of opportunities, risks and, above all, uncertainties. Among the most significant social risks that certain uses of technologies may entail are the infringement of fundamental rights to the protection of personal data and intellectual property.This chapter sets out to identify the legal and ethical balance between AI’s capacity to generate and create in relation to pre-existing intellectual property rights and copyrights that have a humanist tendency. Secondly, emphasizing the critical role of the legal system in clarifying uncertainties and minimizing risks, the key points of three distinct legal approaches from various regions—Europe, China, and the United States—will be outlined. All of them conveniently regulate the diverse uses of the AI according to the existing legal framework yet aiming to strike a balance between their respective perceived social risks and fostering economic efficiency and innovation. The objective of the legal analysis in these pages is to provide a clear understanding of the legal implications of the evolution of AI and intellectual property rights.

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