A RESPONSABILIDADE CIVIL EM SISTEMAS DE INTELIGÊNCIA ARTIFICIAL E A PROTEÇÃO DOS DIREITOS AUTORAIS DOS ARTISTAS: UMA INTRODUÇÃO AOS NOVOS DESAFIOS E PERSPECTIVAS JURÍDICAS CONFORME O AVANÇO DA INCONTÍVEL TECNOLOGIA

Abstract

This article analyzes the insufficiency of the Brazilian legal framework to protect copyright and civil liability in the face of artistic creation by generative Artificial Intelligence (AI). Based on the premise that art is an extension of human personality, the research investigates how automation challenges the concept of authorship as a "creation of the spirit," aiming to point paths for a normative restructuring. The methodology is bibliographic and documentary, with an analysis of emblematic cases. It is demonstrated that algorithmic opacity (black box) renders the fault-based model ineffective, requiring an objective liability regime. It is concluded that protecting human creation demands a multifaceted solution, combining a robust regulatory framework with the recognition of artistic resistance to ensure that technology serves human dignity, and not its precariousness.