By Marco Tena
In July of this year 2024, Deputy Margarita García García, from the parliamentary group of the Partido del Trabajo, presented a proposal to amend several provisions and articles of the Federal Copyright Law. That of also regulating the use and application of Artificial Intelligence in protected works.
The proposal defines Artificial Intelligence as the field of computer science dedicated to solving cognitive problems commonly associated with human intelligence or intelligent beings, understood as those that can adapt to changing situations or allow to identify the person.
One of the maxims of the reform proposal is that, in any work related to voice or image, used for the creation of characters or for their use in dubbing, the copyright protection contemplated in the law must also be applied.
It is established that the creation of content or material through the combination of algorithms from the image of a person without authorization and when it is done for profit shall be considered as an infringing conduct in terms of commerce.
And following this same argument, the use of any computer program for the creation of content or material on copies of literary, cinematographic, audiovisual, phonograms, videograms, without the appropriate authorization of the holders of their respective copyrights, is an infringement.
The main motivation for this reform is, according to its proponent, the notorious progress made by information technologies in recent years, Artificial Intelligence being the most prominent among them.
Essentially, the reform adds:
- A second paragraph to Article 6.
- Section XV of Article 13.
- Section VIII of Article 27.
- Section VII of Article 118
- A section II BIS to Article 231
- An amendment to Sections III and IV of Article 231 of the Law.
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