The debate on artificial intelligence and copyright revolves around the definition of “original creation.” AI systems pose new legal and ethical questions in this regard.

Creativity develops through connections: Shakespeare was inspired by historical chronicles and folktales, Van Gogh studied Japanese prints, the Beatles began by playing American rock. Artists are always reinterpreting earlier works. In a sense, artificial intelligence does the same thing. So where is the difference?

The controversy over the formation of AI

Companies in the industry very conveniently liken AI models to tools like Photoshop or audio workstations. We present them as supports for creativity, similar to a camera for a photographer.

Creators and intellectual property rights holders sometimes dispute this interpretation. AI systems actually train on databases of protected works, usually without permission or compensation, although amicable solutions to these disputes are beginning to spread in this regard .

The analysis of millions of works obviously exceeds the limits of “fair use” and normal artistic inspiration typical of people.

Human and machine learning: fundamental differences

Artists filter influences through experiences, emotions and personal vision, creating original transformations.

AI systems operate by replication and statistical analysis of training data. They generate more or less random combinations but do not understand or transform the influences they are inspired by. In a sense, nothing truly original is created by this method.

At present this is the difference between The two types of “creativity.”

Proposals for the future

Possible solutions to solve or mitigate these problems include:

  • Systems to track the use of works in AI training

  • Revenue sharing mechanisms

  • Public registries of training data with opt-ins for creators

  • Frameworks for consent and compensation

The search for new solutions

Litigation threatens to stall innovation. Large companies succeed in enforcing and exploiting their copyrights while artists with smaller budgets struggle to protect their rights and the source of their income.

The evolution of AI requires regulatory clarity and balance in protecting diverse and sometimes conflicting interests.

Reflections on creativity

The distinction between human content and AI will become increasingly complex. In a context where AI generates reflections on its own impact, value and authenticity of human expression must be preserved.

The combination of human and artificial creativity leads to entirely new art forms, where technology does not replace but amplifies the human ability to express emotions, ideas and worldviews.

In this scenario, the value of art derives not from its origin - human or artificial - but from its ability to connect deeply with the human experience and stimulate meaningful reflections on our condition.

True creative authenticity will always reside in the ability to touch deep chords of the human soul, arouse genuine emotions and stimulate meaningful reflections.

Whether this is done through traditional tools or advanced algorithms is secondary to the emotional and intellectual impact of the work itself.

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