Sandra Ortiz
The recent case of The Velvet Sundown, a musical project allegedly generated by artificial intelligence and widely distributed on digital platforms, has reignited the global debate on the limits and scope of copyright protection for works created with AI. Although the case does not originate in Guatemala, it raises relevant questions for the country’s current copyright and related rights system.
I- Authorship versus artificial intelligence
Guatemala’s Copyright and Related Rights Law establishes that the author is the natural person who creates an intellectual work. This principle, common in most Latin American legislation, faces a direct challenge when the creation is not the result of human creative intervention, but rather of algorithms capable of generating music, texts, or images autonomously.
In scenarios such as that of The Velvet Sundown, the question arises as to whether a work generated by AI can enjoy copyright protection and, if so, who would be the owner of those rights: the programmer, the user of the tool, the developer company, or no one at all. Under the current Guatemalan legal framework, the absence of identifiable human intervention could prevent the recognition of copyright over the work.
II- Impact on related rights
In addition to authorship, AI poses significant challenges regarding related rights, which protect performers, phonogram producers, and broadcasting organizations. If a musical work is performed and produced entirely by artificial systems, without the participation of real human performers, the legal basis for the existence of such rights is weakened.
This creates uncertainty about the legitimacy of the commercial exploitation of AI-generated content and the liability of the digital platforms that disseminate it.
III. Transparency, ownership, and digital exploitation
Another key challenge is the lack of transparency in identifying the origin of AI-generated works. In the digital environment, the correct attribution of authorship and ownership is essential to ensure legitimate exploitation and avoid legal conflicts.
Cases such as The Velvet Sundown highlight the need for creators, developers, and distributors of digital content to adopt clear disclosure practices, indicating when a work has been generated wholly or partially by artificial intelligence.
IV- Final reflection
Artificial intelligence is a powerful tool for creation, but it also challenges the traditional foundations of copyright. In Guatemala, the current regulatory framework offers solid protection for human creators but does not yet expressly address the scenarios raised by AI.
The Velvet Sundown case serves as a reminder of the importance of anticipating regulatory adjustments and interpretive criteria that balance technological innovation with the effective protection of copyright and related rights, ensuring legal certainty in the digital creative ecosystem.