Copyright and artificial intelligence: authorship in Peru

Abstract

This article analyzes the impact of artificial intelligence on copyright law, with an emphasis on the notion of authorship of literary works. Based on an analysis of the international regulatory framework and comparative law, it critically evaluates the Peruvian legal system, identifying gaps in the regulation of works generated by artificial intelligence. The study adopts a dogmatic and comparative approach, considering Andean regulations, Peruvian legislation, and criteria developed in jurisdictions such as the United States, the European Union, the United Kingdom, and Japan. It argues that artificial intelligence cannot be considered the author of protected works, and therefore copyright protection must fall on verifiable human creative contribution. Finally, interpretive guidelines are proposed for the application of copyright law in Peru in the face of the challenges posed by generative artificial intelligence, aimed at guiding Indecopi’s actions in the absence of specific regulations.