Murilo Oliveira
Brazil, January 12, 2024.
The Berne Convention for the Protection of Literary and Artistic Works of 1886, revised in Paris in 1896 and Berlin 1908, completed in Bern in 1914, revised in Rome in 1928, Brussels in 1949, Stockholm in 1967, and Paris in 1971, and amended in 1979. Was incorporated at the United Nations in 1974, reaching a significant level of consensus among 192 signatory countries of the Convention. Which is extremely relevant today for issues relating to the discussion about Artificial Intelligence.
The first aspect of what I wanted to address is that the use of Artificial Intelligence must be treated at a level of international consensus such that, like almost all new paradigms in the digital world, it is capable of having liberal regulation, yet comprehensive and capable of ensuring democratic rights. all around the world. And that means, access to knowledge.
Access to knowledge translates into having reliable sources of information, sources where there has been investment in research and development, and clearly research requires funding. Maybe that’s the main point. Artificial Intelligence is not born without being based on an immense base of pre-existing data, which must be credible. Based on research with proven scientific methods, such as historiography and professional journalism.
The evidence we have is that, for example, historiography, or especially professional journalism as I have just mentioned, does not lose credibility with the emergence of the phenomenon of Artificial Intelligence, it does not become fully disruptive, but it comes to affirm the signature of its sources. With blockchain, nft, among others. First of all, contrary to what is imagined, as Artificial Intelligence is capable of defrauding anything, generating fake photos and videos of any kind, the so-called “deepfakes”, what we will see is that we are at the same time focusing on the credibility of who signs, or the source of the information.
In this sense, Artificial Intelligence has a long way to go along with other technologies, such as blockchain, nft, among others, in order to generate more accredited signatures every day. And this is where the 1886 Berne Union Convention comes in, which in 2020 has 192 signatory countries, providing for Author’s Rights. As I said before, it is not possible to base technological development at point zero, and start from nothing, when Artificial Intelligence does not have a dense starting point of knowledge, and here I am talking about credible knowledge, the result of scientific research where there was prior investment. , this means that everything we know about Copyright must also be based on the most solid knowledge of the International Laws we have on this branch of Law.
Concretely, one must discern as the Berne Union Convention discerns, knowledge used for educational purposes, and knowledge used for commercial purposes. The former, for educational purposes, are safeguarded in the sense that they are more permissive in their low-cost use, or fulfill their “social function”. As long as one used for commercial purposes, it must be adequately remunerated. But here a new challenge arises, machine learning. We will have a binomial of artificial educational purposes and educational purposes in application, or commercial purposes in either part, and this generates a more precise notion of costs. Where I emphasize, the public interest is first for Artificial Intelligence to play a credible role in society, using credible information, removing from it a fantasy reality that is quite harmful to society as a whole.
The discussion is quite long, but building our dreams is something we have been committed to for a long time, and starting from absolute nothing is not a credible or comforting reality for anyone or any civilized society. We must allow ourselves to start from levels of solid knowledge already established in Human Sciences, so that Computer Sciences can have positive impacts on society as a whole. Furthermore, broad consensus levels should never be ignored in all international legal regulations.
@CoexistenceLaw
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