Generative Artificial Intelligence, Copyrights and Licenses from Latin America Approach

Abstract

At a global level, several governments, institutions and universities are debating the use that Generative Artificial Intelligence (GenIA) makes of data, research outputs and publications available in open access for its training, so that based on specialized literature and various sources of study, challenges are revealed regarding the use, permission and reference to the authors of those informational products by GenIA, the same situation that directly influences issues of copyright legislation of the products that use and produce said technology.

Based on before raised, the aim of this study is identifying the copyright regulations and licenses to open data and research outputs that have been developed from Latin America to legislate the information used and produced by GenAI. Methodology for this research is carried out with a bibliographic review, as well as with quantitative and qualitative methods. For the exploratory analysis, were consulted WIPO Lex Data; Observatory National AI policies; Latin American Artificial Intelligence Index; Database Flexibilities to Copyright in Latin America; and Creative Commons chapters by Latin America. The search and retrieval information were based on five categories defined. The generals findings of analysis of fifteen countries are presented in details in the presentation. A general conclusion is that GenAI is an information action, which must be addressed with regulations of copyrights and with libraries collaboration in order to avoid incur on unfavorable actions.

(presented on 15 August 2025 at "Curating in the Age of Generative AI: Global Perspectives on Collections, Ethics, Ownership, and Cultural Responsibility" session)