For your seven trillion dollars in echo call two see that there is risk is
ninety- one hundred SMEs that generate eighty percent. Give me twenty minutes of
your time and I, in return, would give you information on the most
relevant issues in foreign trade, tax and customs with a human touch and let
' s traik a podcast of Magic TVs and Mexico Hello. How about a
good afternoon, welcome, let' s do a barter as it comes out
at a telese magas event and Mexico. And well, today I greet you
from the context of the event of the Congress of the International Academy of Danero
Law, where I had the opportunity to meet many of our speakers internationally,
but to meet you persona not for being part of this Community, let us
barter you the truth is that it was surprising of now yes to meet you
and not behind the screen, but really to meet us and gladly to congratulate
us for being doing these procas. So today I am very happy that you
continue to join us, that we continue to make these precquets, that also
these panelists that connect like today the master Béjar welcome also to be part of
this Community and well, today, the truth is that it is a very
interesting topic. With everything that is happening from the changes of artificial intelligence,
we are accompanied by the teacher lisefabierla Martínez cuella with the theme. Artificial intelligence
can be copyright holder. The truth seems to me to be a very interesting
subject and we want you to answer this question. We welcome you for this
welcome master barter. Thank you very much for the invitation. And, well,
it' s always a pleasure to be able to collaborate with you and,
well, bring you up- to- date topics. Hello, how
about a good afternoon to bring up the topical issues that, well, are
always of interest to everyone. Because, finally, in some way or another,
we are all connected with technology in our day to day and, well,
in our daily performance of our activities, because we are also related to
technology. And so, obviously, these technological advances are allowing us, for
example, to make more appropriate decisions, more focused on the business, for
example, for us, as lawyers, until we have access to theses in
a much more effective way, to consult laws, to see resolutions focused on
the case we are studying, etcetera, etcetera. Then it' s very
interesting. But, well, let' s see if we do. It
is true that they may or may not be subject to copyright, and where
we stand at the national and international levels. Excellent and well, we had
a barter recently that it' s going to be the future of law and
we talked a lot about artificial intelligence. So, well, these issues we
also really like to adapt. I take this opportunity to say hello to Dr
Maximo Carvajal. We missed him here at Danero' s International Academy of Law,
but I sent him a hug from afar. Thanks anyway, hello doctor,
how are you, how are you doing? Greetings also plowing into telec
to listen to today' s lecture. It will be an excellent subject,
very, very interesting and we will be reporting everything that happens here in Berlin,
within the framework of the International Academy of Law to Donero. Today we
have the opportunity to be a little there talking to academics about what we miss
here, Doctor, but the truth is that it was a very father to
see them all again. Not because we' re in people every few years
to tell you that we' re all more redounded. Excuse me, though.
Forgive me, it was the interruption, but, well, let'
s say we' ve got licamos here. At the end, if you
can good teacher. Before I give you the floor, I would like to
present your faces and allow me to make this clear. The teacher lice Fabiela
Martínez Cuellar is responsible for the area of intellectual property, electronic commerce and protection
of personal data. He holds a degree in law from the University of La
Salle with a specialty in intellectual property by one, as well as patents,
trademarks, copyright and competition from the Licentiate of Industrial Law of the University of
Santiago de Compostela, Spain. He has a master' s degree in industrial
and intellectual property and information society from the University of Alicante, Spain. He
is currently studying master' s degree in intellectual property and new technologies at the
non- American university and has eighteen years of teaching experience at the University of
La Salle and the American University in matters of master' s property welcome to
be a barter and thank you very much for being with us. Thank you
very much austere. I don' t know if I can already share the
screen. Yes, you already have permissions and delights to listen to your talk.
Then. Well, thank you all very much for being here today at
this conference. Here. Today' s topic, as you said in the
introduction, is to see if artificial intelligence is susceptible to copyright protection. First
of all, well, let' s define what artificial intelligence is. WIPO,
that is, the World Intellectual Property Organization, defines artificial intelligence as the
branch of computer science, which studies the software and hardware needed to simulate human
behavior and understanding. Artificial intelligence is emphasized in the development of methods and algorithms
that allow computers to behave intelligently. And obviously it is what we try to
understand with this that artificial intelligence is generally to be considered as a discipline of
informatics whose objective is the development of machines and systems that can carry out tasks
for which the need for the intervention of human intelligence is foreseen. That is,
machine learning and deep learning are two spheres within artificial intelligence. So,
obviously, with this, what I want you to understand is that artificial intelligence
is that technology that is going to try to emulate the behavior of the human
brain, either in decision- making, in the way of gaining experience,
to acquire knowledge of how we do the correlation of thought at the brain level,
ral to be able to interlocate ideas, to acquire knowledge, to be
able to speak, to be able to share our opinions in an understandable language.
So, this is what artificial intelligence is all about to emulate the human
brain a little bit, the work of the human brain, so that,
well somehow, it supposedly helps our life to be easier. I do not
forget that artificial intelligence has many edges, because we have to consider that the
protection of human rights must also include the protection of human rights, for example,
the protection of personal data. For example, vulnerable groups should be protected,
children should be told and older adults should be told. It is necessary
to protect creators and inventors who are related to the creation of works through artificial
intelligence, which is the subject we are dealing with today. Having said this
and having clarified what we should understand by artificial intelligence, we must also try
to understand how artificial intelligence works. And, well, here we are going
to find some terms in English, how is machine learning, dep lerni,
algorithms, etcetera. So, here we must first understand that maschine learning,
as it is like a machine that is programmed simply to fulfill, or a
machine or software that is programmed to fulfill basic specific functions, but through the
algorithms that are these instructions given to the machine so that it can correlate the
information and perform the functions that are being requested of the machine or the software.
Then we have to in the dep learning, which means that all these
algorithms are going to get you getting into databases, and not just databases,
but computers that can be interconnected and that can be positioned on servers in different
parts of the world. A machine may be able to gather the information that
is being asked of it. Well, the software can collect the information that
is being requested, so that, for example, if we tell you to
give me all the information regarding value added tax, ah good from Mexico,
because if you want it from Mexico or I want it worldwide and a comparison
of value added tax information, ah, because it is worldwide, because that
machine, through dep learning and algorithms, will manage to bring me away all
that information that I am asking you to, so that I can analyze it,
or I can review it or use it for the purposes of an investigation
or for the purposes of an answer, a week or so. And obviously
here, because I give you some examples of how artificial intelligence works, that
is, we want to emulate the human brain, but obviously, through the
use of hardware and software so that it is with it, because the improvement
of the evil of information is achieved. Then we have that the goal of
artificial intelligence is to simulate human intelligence in a machine, creating robots that are
conscious and with real feelings similar to humans. Obviously, one of the most
difficult problems is the simulation of consciousness of human quality, which makes us realize
our own existence. I mean, it' s impossible because they don'
t have a soul. I mean, if we go to a philosophical question,
because a machine can never emulate what is the essence of a human being.
Simple and simply because a machine has no soul, that is, it
is managed, as I told you, by algorithms by a series of instructions
that the machine will comply with is depending on what you ask them to.
However, because it is totally lacking in feelings that it is those that make
us have a free will, what makes us have feelings what it does to
us, because it is simply being different from all those around us and that
are part of the attributes of our personality aha then, because this is a
subject that, as it wishes to them quickly, borders on philosophical issues and
also borders on the respect of human rights, because we may be affecting the
rights of third parties or personal or sensitive personal information if you do not have
the appropriate parameters legally speaking for the management of information through the management of artificial
intelligence. Now let' s talk a little bit about the history of artificial
intelligence, where it comes from, where we' re going, where we
' re going, because we' ve already come to these very sophisticated programs
in this matter. Well, let' s start briefly. Obviously, I
don' t want to make them dizzy with that much history. However,
everything goes back to the year of one thousand nine hundred forty- five,
when, obviously, the first Newman architecture diagram was built, describing a digital
computer design consisting of parts as a unit of procedure forgiveness. I' m
going to expand the screen so you can see it in full. Then,
obviously, in the year of nineteen hundred and forty- eight there are electronic
applications of cloud the Wood, which showed that these applications of Bolean algebra could
build any kind of logical relationship. However, in a thousand nine hundred and
fifty, this is why I also put it in red. It' s
the starting point. Why, because Turing is considered, when this author publishes
an article with the title Confuty Machinety and Intelligence in Mike Y magazine, it
is the first time he has ever been able to conceive. Let' s
say in a rudimentary way if you want to understand it this way, the
term intelligence through the machines aha then, well, this was, then,
a very important step. Obviously, there is a whole development of artificial intelligence
issues from one thousand nine hundred and fifty to one thousand nine hundred and seventy
- three, but with the end of a short time in the year of
one thousand nine hundred and seventy- three, the increase in the power of
computers is not reflected in the results and predictions made in the middle of the
century were not fulfilled and began the so- called Winter ol, which is
the winter of artificial intelligence, in which, since obviously, there was a
time of little growth or little development in artificial intelligence issues and notice. From
a thousand nine hundred and seventy- three to a thousand nine hundred and eighty
- eight there was no progress in artificial intelligence matters. However, until this
year, one thousand nine hundred and eighty- eight, the targeted languages stable.
Here, then, the first target- oriented languages, i e specific
tasks, are performed in a thousand nine hundred and ninety- three, as
Poli was the first mobile robot to move at speeds. They are similar to
animals, that is, one metre per second, using computer vision for navigation
and was an example of robotics based on behavior. So here, then,
we' re getting closer to the animals emulating. However, today, as
I have mentioned to you, artificial intelligence is trying to emulate human intelligence.
Well, then, in the year of one thousand nine hundred and ninety-
three is given the DEPPLU, which was one this is super computer. Yeah,
sorry to interrupt. I don' t know if you can support us
to be able to present it in presentation mode, as the slides aren'
t moving forward. Ah ok, yes, here you see already I would
not miss to put it in presentation mode. In the part where it says
presentation with diapositives. I' m not going to hurt him to the top.
Aya see higher up to what? There ah to see a second is
charging that see still not seen by chance will have two monitors or it is
only one. Not one ok to see can not be shared again. Let
' s see if I' m gonna go back here, I' m
gonna stop sharing. Here you can see if you still see the power point
would give you where it says slideshow. There, here, up to what
unclicked here already you see not still not seen in full size, already let
share and stop sharing to see what happens, what is happening, right now,
you see the presentation in full size, right now, I see it
like this with the slides on the side and the other side, the normal
slide on the bottom where the zoom is is also a law there. Please,
you can see her there, I' ll follow her. We continue
to see the power point and slides on the left side. It' s
not because I' m here right now, I see the whole presentation.
So, you see it you don' t keep seeing the slides on the
left side. No other thing you can do. Derene share screen. Another
stop sharing and give it back to screen sharing and instead of selecting the power
power power it will put you the one saying stop or desktop, which is
the first dice. Here in window not to full size, it says to
fulfill screen and then gives you several options and says desktop. Or this doesn
' t show up window and so be complete. Okay I' d say
full screen this one, but full screen doesn' t show up there.
Why not. You manipulate it, you have a good time, yes,
of course. I think it would be the same solution. If you like
to continue, or I' ll make it clear Okay, well. That
' s good. Then, as I was telling you in the year two
thousand and four, this dragon, the dragon of ransom, is given.
This rescue dragon, as it is a robot created to help humans in areas
that have been hit by a natural disaster and was manufactured by the Japanese company
Demesuk. Then, in the year two thousand eight, Mister de Volta,
the Tar Hashi team, presented Mr Evolto, a small robot of just seven
centimeters capable of climbing in the canyon of the red one with just two batteries.
In the two thousand nine, intelligent therapeutic systems were developed to detect emotions
in order to interact with autistic children. From two thousand eleven to two thousand
fourteen we have or voice recognition of a little help that appeared on the new
iPhone. An application that recognizes the voice is one of the greatest discoveries in
this field, beyond the recognition of voice, which is one of the goals
of artificial intelligence. And here I do not want to overlook that it is
an important issue in the area of data protection. As far as biometric data
is concerned, then the recognition of voice, the recognition of IRIS, what
is called the actillary fingerprints and facial recognition that are given in some applications and
also in some of the social networks, because it is a sensitive topic,
because imagine that if you misuse this type of biometric data, because we would
be in serious trouble, because, therefore, they are data that we cannot
change, that are inno altered over time, that it is not as if
I change a password, a key that is. In this case, for
that information you need to be careful. That is why the European Data Protection
Directive has issued restrictions on the use of artificial intelligence through dep learning, for
the misuse of personal data, sensitive personal data and biometric data. Then we
have supercomputer Watson in two thousand eleven. I don' t know if you
can already see the presentation, you know. Then here we have supercomputer Watson,
which IBM developed this supercomputer, which won a round of three games followed
by the Russian chess player. So, we are already seeing that, effectively,
this artificial intelligence has the tendency to emulate behavior and, obviously, human
thinking in the use of strategies. Then, in the year two thousand and
fourteen, he developed the self- capable of managing himself only through Google'
s platform. And so, obviously, then, this was a whole revolution
that also generated some legal consequences, because it said, in the case of
an accident, in the case of civil liability or criminal responsibility, who is
responsible in the event of an accident. Please, well, then, how
you can create, how you can protect all works protected by artificial intelligence or
created by artificial intelligence, because we have two means that one is through copyright
and another is through the copyright patent right now. I can mention some examples
of works that have been protected by this branch of intellectual property, so I
also want to emphasize that intellectual property has two major branches, one that is
industrial property and the other that is copyright. Industrial property is the discipline that
protects the works of the human intellect aimed at protecting creations focused on industry and
commerce, while copyright is the branch of intellectual property, which is focused on
protecting creations produced by the human intellect focused on culture and the arts. So,
based on these differences that I have just explained to you within the area
of industrial property, we find the issue of patents as new industrial creations.
Therefore, within the examples we have found is a container for drinks based on
a fractal geometry and the other for artificial intelligence for the development of an apparatus
that manages to capture attention effectively and that could result in utility in search and
rescue operations. In the case of copyright, we find, for example,
the portrait of the next rembrand the portrait of Edmond Belami, as well as
the computer programs capable of composing music by Emily Howell or bot Hlan or the
bride he written by artificial intelligence entitled Dale A, Coumper Wrights or Nobel.
So, these are some examples of works that have been protected by various means.
You' ll ask me. Well and when does the copyright apply and
when does the patent apply? Well, copyright, as I told you,
is for works of an obviously cultural, artistic character. And the patent is
when this artificial intelligence software is part of an invention, that is, a
software itself. It cannot be protected by patent because, for the purposes of
our legislation, whether national or international, a software is considered as a literary
work. Then, it can only be protected by patent if this software is
part of one of an invention. It' s the only way you can
protect yourself. Or the only way software could be protected by patent. You
' ve been here please, and well, obviously, we' re going
to talk right now about what international provisions establish. And also well, I
want to clarify that our national legislation, being a part of European continental law,
well, is based on international treaties. What is the Berne Convention for
the Protection of Copyright of the year 1, 800 eighty- six, therefore,
the author. We will understand what an author is for legal purposes,
the author, because, obviously, all the provisions at the international level establish
that he is an individual, that is, a natural person, that is,
a natural person, who has created a literary or artistic work and,
therefore, will only be recognized according to how the legislation is currently, both
nationally and internationally. Only a natural person can be recognized as an author,
and this natural person, obviously, through a licence or rights session contract,
may grant or license his or her property rights of exploitation to a moral person.
But the only ones who can be considered authors today are natural persons.
Therefore, a priori, since I could tell you artificial intelligence as such,
we could not consider a software as the creator of a work in terms of
both international and national regulation. Next, please, now what a play is.
Copyright, as I have already told you, is intended to protect works
of human intellect focused on culture and the arts. Therefore, copyright does not
cover ideas, but only creations. But in order for a creation to be
protected, it has to be materialized and understood to be materialized, to be
subject to a material support, which is a sinecuane requirement for the protection of
the arts, that is, of any work, besides that this work has
to enjoy originality and what originality means, that it is not collected from something
previously existing. And obviously, these are going to be the fundamental requirements for
a true prayer to be considered to be capable of copyright protection. And I
repeat again the ideas are not protected if they are not materialized in a material
medium and if they do not enjoy originality or what next? Please, then,
what are the conditions for the protection of copyright, as three essential requirements
have to be met. A work must be original, must be fixed on
a material support and must have a functionality aha. We go to the next,
please, then the copyright provisions tell us that what is originality, because
it is that a work is not a copy of something previously existing aha and
that this work, at the time that you at the same time, reflects
the imprint of the author. And what is the imprint of the author,
because that artificial intelligence, today, cannot develop, that it is the part
of the essence, the soul that projects our personality and that is unique and
unrepeatable. Over the eight billion inhabitants over the earth phase. It' s
what makes us different. That is why it is said that, for example,
a painter when he makes a stroke on a canvas, in each deed,
leaves his imprint, because he leaves part of his personality, because even
if we put ten people that we had the faculty to imitate, we could
put the same trace. And we can see that with the form of the
letter when writing. When someone signs, that is, one clearly sees,
then, the essence of our personality in the cases we do, or the
essence of our personality at the time of writing or at the time of singing,
of interpreting a song, or if we can hear the same song with
ten different performers, and yet each one will give that interpretation. Obviously,
the proper part of your personality and, as I say to you today,
even if you do not want to handle it differently, to my judgment,
artificial intelligence cannot emulate that essential part, which is our imprint. And,
well, obviously, originality means it' s not a copy of something pre
- existing. Next, please, well, the fixation, as I already
told you, is, means that, in order for it to be protected
according to the law, this work has to be on a more material support
so that it can be perceptible by our senses. Next, please, and
so obviously, the functionality that some national legislation restricts the protection of copyright for
works that are attached to needs or issues specific to the technique. This as
a means of preventing copyright from being a means of abusing the system of protection
of inventions. That' s what I was telling you earlier, that'
s in our system. In fact, here in Mexico, as in other
countries in Europe, it is considered that in order for a software to be
patented it has to have a functionality within the invention that is being pretended to
patent, otherwise, you will be rejected the protection of the software that handles
artificial intelligence and you will be sent to protection or literary mora or copyrighted.
Next. Please, well, then artificial intelligence and copyright where we stand.
Well, first of all, copyright, because, as I said, it
will protect literary works, artistic works and, obviously, a computer program is
considered a literary work for the purposes of national and international law. Most jurisdictions,
including Spain, Germany, Portugal, France, will consider only natural persons
as authors, and therefore software will only be patentable and part of one part
of the process of an invention and fulfil a special function. Next, please,
well now, the next mechanism to protect an artificial intelligence creation is through
industrial property, through a new industrial creation called patent. And obviously it is
a patent is the exclusive right of exploitation granted by the State to a natural
person in respect of an invention. So this invention means that it is offering
a solution to a problem in the state of the art. So what do
you guys mean by that? Well, well, the invention remember that every
invention is a technological advance that allows us to make our lives easier in our
day- to- day lives. It' s not the same thing to
wash in a river on a stone with bloodied knees to which you had a
laundry room and had a pool and somehow washed in a more comfortable way.
And then someone who designed a washing machine where it was spinning and that she
was able to squeeze and that you could tend in an easier way to a
current washing machine that, well, because it already washes you by cycles,
by type of water, cold or hot, what it' s called squeezes
you, leaves your clothes as you practically take it off and then in an
hour you' re practically dry your clothes. So, all these processes that
I explained to you right now with the washing machine, because they are creations,
inventions that have improved and made our lives easier. That is an invention,
every creation product of the human intellect that improves, it solves a problem
in the state of the art and, consequently, makes our life easier.
Next, but for a patent, so that an invention can be protected and
we see a patent, because obviously I return to the same thing. Who
can invent something, because only natural persons tell me what they say to me,
Only natural persons can be creators and that already by a legal fiction that
obviously companies through the contract of work on request and other legal figures can appear
as holders of the property rights of exploitation, as in the matter of copyright.
Well, that' s another thing, but at first, even in
patent applications you' re told that it' s mandatory that you establish in
that attempt, that is, the next natural person. Now, what are
the patentability requirements of an invention, that is, because it has to be
the food, it has to be new, it has to be the result
of an inventive activity and susceptible to new industrial application, since there is nothing
like the state of the technique, which is the state of the art,
because all the knowledge at national and international level, that is available at the
technological level and the result of an inventive activity, because it is the brain
work in which, through the inventor' s thought, he managed to develop
or solve this problem that was in the state of the technique and its septible
of industrial application is that it can be manufactured and that it can obviously be
sold in the next trade. Please, well, and then this whole conclusion
is going to tell me good and licensed. Why didn' t you know
all this stuff about this, why copyright protection and why is patent protection?
Because what I want to be clear is that to create both for copyright artistic,
literary, musical works, how to create an invention and patent it.
They must be, as is our national legislation, natural persons who are holders
of the moral and property rights, of exploitation of those rights. That'
s the way the legislation is. So the subjects to today' s disjunctive
which is to whom. Then I can award you rights for creations derived from
artificial intelligence or creations produced by machines designed with artificial intelligence. So obviously there
are scholars of matter who in the doctrine say well, I can assign rights
to a machine, a mashchine learning through neural work networks. Well I can
also assign rights to the programmer of those softwares, well, but I can
assign rights also to the artificial intelligence trainer A I can assign rights to users.
And here, then, let me quote you. If we get to
play in a video game where, because maybe they put you interacting with the
game, you have to develop or strategies, or you have to solve mathematical
problems, or you have to solve not strategy, but do a work of
art or sing. I don' t know or make a video. Actually
as a user, I' m creating a play or I' m just
following the instructions the game itself tells me, the video game itself. Then,
then, we would no longer enter into a circuit where definitely. It
could not be said that a video game user considers himself as the author of
the trainer of artificial intelligence, since whoever teaches you to use both the software
and the computer can be regarded as the author, not the inventor. Not
obviously, no, because he' s only qualified to follow the instructions of
the software, but he' s not creating anything new. I could tell
you that the programmer is the inventor, or the author of a software,
depending on whether we are copyrighted or imparted. Yes, the programmer does why,
because he is the person who is dedicated to writing that literary work,
that is, through a computer language, is the person who creates and gives
those instructions to the machine to fulfill a specific function, that is, then
the programmer could be considered author or inventor. As the case may be,
machine learning through neural work networks, I could tell you that it is creator,
inventor, or author. It' s not a machine. We return
to the same thing and agree on how national legislation is. He could not
in any way be considered an author. Well up to this point it could
be considered joint authorship. If the programmer participates, if the coach participates or
participates in the users. No, because we' re back to the same
thing. Users and trainers of a software are only following the instructions given to
them by the program itself, but they are not creating anything new. Could
it be considered that a work created through artificial intelligence, by not being susceptible
to protection because it is not a physical person, then, is it a
work in the public domain? Yes, we could understand, indeed, that
if there is not a natural person to whom I can grant the patrimonial and
moral rights in respect of that work, then it could necessarily be a work
in the public domain. But we' re going to another dilemma. And
if I fall into that situation, then I demotivate the creation of innovation and
technological development in the field of artificial intelligence, because then the technological industries would
say because if I do not have an exclusive right of exploitation, then I
am not interested in continuing to invest in the development of artificial intelligence. So
let' s stop, because, because we' re already focusing on a
rough topic of what do we do? I mean, we protect them,
don' t we protect them? What do we have to do? As
lawyers and, obviously, legislators from different countries in the world, what do
we have to do? To end with this dilemma, And there are those,
there are specialists in doctrine who say no, that is, because we
are looking for a hybrid we are saying that there is a work on request,
there is a program that develops, that gives a group of programmers that
develop the software and that it can be individual or it can be through collaborative
works or through collective works. And so, well, these through a construction
contract. On request, they give their rights to a company that will manage
the works created by artificial intelligence. And so we are creating a law that
we do not have, but because we must continue to encourage technological development,
we cannot stop. We have to do something next. Please, well,
and here we' re going to see some examples so that they don'
t see pure theory, but we' re going to see where we stand.
Well, here we have the robot Sofia and the robot Alexa, who
already know him, who is in our public domain, and the fence you
can talk to and tell him to put a song Tell me a story,
it' s find me a movie, open the door, learn the light,
that is, everyone happy. So, well, there we already have
these examples. And Sofia, for example, was characterized because she could engage
in a conversation as a real person and she could what it' s called
to make connections and even have the ability, even to put facial expressions of
sadness, of joy. And it was so the boom of technology, that
it was the first robot in which one of the countries across the Middle East,
as it gave this person a passport and a nationality notice how far we
are getting. A robot could really use personality attributes, that is, we
can really get to those extremes. I don' t agree so much,
but because it won' t stop being a machine. But good for you
to see at what extremes we are next, please, and good for here,
as he briefly sofied in the year two thousand sixteen, for it was
manufactured by a Japanese company Hanson Robotics and was able to engage in conversations with
another human being, to show himself between two facial expressions, this processing practically
all the information that comes into his eyes with emotions of his interlocutors according to
his gestures. And well, this artificial intelligence, because it combines the vanguard
of neural networks, expert systems, processing machines, language, cognitive architecture,
as well as other different ways to respond to the stimuli that the robot received
then in the case of Alexa, because it was manufactured, brought to the
market in the year two thousand fifteen, And it can be about an artificial
intelligence system that allows to listen to the news, know the time, play
music, control your entire home in a digital way. As I told them,
long ago turn on the spotlights, turn them off at the doors,
turn on the conditioning area, among others, answer hands- free calls,
ask questions, feel your sports, follow your favorite sports or regulate alarms or
timers the following spatial perception. Please, and well, these good first two
examples. They' re robots that emulate human intelligence, human behavior, and
I also want to tell you, they' re not robots that are capturing
all the environmental information. Not only do they stay in that you give them
instructions, but they' re also capturing all the information. What happens around
the person who possesses the device in the case of alexa. So it has
been possible to solve some crimes in the United States derived from the environmental information
that captures Alexa. And so, we' re not strangers to our cell
phones. Many times we say. And why if I was talking to someone
about intellectual property courses today afternoon, because I find it odd that in the
next few visits to my social media platforms I start getting ads related to intellectual
property courses. And why, if I said I wanted to go on a
vacation in the Caribbean, I' m getting a series of commercials related to
my trip to the Caribbean. Why. Because, too, these are little
things that if we do not control the form of data protection and confidentiality,
they are also capturing all the information. That is, the microphone is open
many times the House is open. Then you have to be very careful,
because you also have these mechanisms that you handle alexa to keep additional information.
And so, in addition to everything that you upload from all the pages you
visit, everything that you care about are saving all the information in such a
way that, for example, social networks today, can get you a whole
profile of who you are just because of the behavior in the use of your
cell phone or, in their case, in the use of platforms. Then
you have to be very careful. And that is why in Europe, they
are very concerned about the misuse that can be given to all this information,
which is somehow to be trusted. Then we have the case of Naruto,
the macaque of the Celtis and they see how beautiful, look smile at all
this macaque so beautiful And well, what is the story of this macaque,
because it turns out that a photographer of national geography was around in the Selva,
left his camera and this or this curious one and began to manipulate the
Chamber. And because already manipulating the House, this he alone took a following
series, please, and it went well, smiling, see that nice and
what a beautiful So, well, he takes his Celtic And so, obviously,
the photographer goes to the U S Office to try to get protection over
the photo and, at the time of filling the request, says ah is
that the author of this photograph is the macaque and, therefore, it was
not me, that is, I did not intervene in the taking of the
photograph. It was the macaco and, well, finally, the U S
Office of Copyright tells him that, because it is a penalty that copyright rights
cannot be granted to a macaco, since this one, since he is not
a natural person, is not an entity capable of entering into rights and obligations.
And well, however, an extra judicial agreement was reached in which it
is stated that all the money that was collected, not for the sale or
distribution of this photograph, would be donated to an organization twenty- five percent
this of the income of the image for the sustenance of the macaco, that
this one that led to the fame, not this one, but well,
finally, to the one that was granted the copyright, because it went to
the photographer and in no way, because to the macaco not with everything and
that it turned out very nice and looks like this all cute with a lot
of personality. But, then, this one but, well, it is
not a subject susceptible of rights and obligations next, please, well, then,
here we have the intelligence applied to driving vehicles and preventive medical treatments.
Here we have, well, the case of using autonomous cars, where,
well, I already have a series of cameras and implements to avoid those first
accidents that I mentioned to them, in the accidents that could occur in matters
of civil liability. Well, then, they have greatly refined their technique to
avoid contingencies. Now in the field of medicine, because the scopes of artificial
intelligence are really surprising, because today we have software that can help you identify
rare diseases through dep learning, that is, deep navigation and through algorithms and
interconnected machines that allow medical experts to come up with already diagnostic reasonings for the
solution of rare diseases or of which there are cases, very few cases worldwide.
But well, we also really have that there is development of fabulous artificial
intelligence through robots for cardiac surgery topics, for da vinci topics, to operate
through less invasive mechanisms for patients and easier recovery for diagnosis of different types of
cancers is truly fabulous. Next, please, well, here we have artificial
intelligence applied to music and, for example, here, we have these platforms
that help us create music without the intervention of an author, and here we
have sound Full move e, cred Este, soundtraw Umper musicc Live, Schre
and Lambus. So, all these can create you even scores, they can
create ambient music, they can create even music for plays, and so on.
So, look at all the development that these issues have. Next,
please, well, here, as the artificial intelligence applied to art and because
we have the new replan here is a very interesting case because through a sun
that this managed to pixelate not this my the images of rembra this and they
managed to take a totally new photo of rembran almost trying to emulate or I
mean, the authors of the software say that they are totally emulating the imprint
this of rembra not that because practically the traces would be as if he had
painted rembra this and well, because they put if we go to the next
slide. That' s good. Obviously, here it tells you is not
a computer- generated painting in three d This has been developed this by facial
recognition, this for eighteen months. No and thus he analyzed in super detail
three hundred and forty- six well- known paintings of the Dutch painter.
And so it consists of one hundred and forty- eight million pixel and is
based on one hundred and sixty- eight thousand two hundred and sixty- three
fragments of mill works stored in a database for these purposes. And as the
project was sponsored by a Dutch banking group and in collaboration with Microsoft Oft and
marketing consulting j Walker Thompson and several advisors from the Technical University of Delfth,
the Maurice Zubits Museum and the House of the Museum of Rema. Obviously,
with all due respect, I know that well the creators of artificial intelligence software,
because they are very proud of this new brand. However, from my
particular point of view, a work of artificial intelligence cannot emulate, that is
to say, the imprint of the author, i e it is not this
new photograph would not imply that they are almost resurrecting Rembrandt and that it could
be considered as a work created by Reembra. I mean, maybe we could
consider it a derivative work. We could or has its originality, if I
may, but it is not created so simple. It may be this way,
very close, but in no way dishonors next. Please, well,
here' s the portrait of Edmond Bellami. This is also a work that
was created through artificial intelligence. Twelve different paintings were created, also through the
handling of pixels, to achieve this final painting. And then, in the
year two thousand and eighteen, the auction house Christie put it up for sale,
and it was sold to a person who bought it for four hundred and
thirty- two thousand and five hundred dollars. He' s a person of
French origin. And so, this is a work inspired by the 18th century
aesthetics. Aha then, for it is a work created by artificial intelligence,
but by no means demolishes it, for it is something similar, but it
is not an original work. They put it like the next wedge. Please,
and well, here' s the IBM. Watson and his sculpture inspired
by Gaudi. If I don' t know if you can see here it
' s with this part that' s up here on the roof, which
looks like it' s made up of a series of crystals. This is
the apparatus to which we are referring, which is the sculpture inspired by gaudí.
This was created in the year two thousand seventeen by Mobile World Congress.
This work of art was born of IBM' s artificial intelligence. Known as
Watson and obviously, it has multiple uses, such as medical, industrial,
economic or data science. And so, it is called the first thinking sculpture
and it is inspired, because in the works of Gaudí next, we have
artificial intelligence in literature, poetry and journalism. Here, then, I put
this one on the killbot. That kill bot is an artificial intelligence software that
is dedicated to writing very nice poems. We have the CHARTPT is also an
artificial intelligence software that will be responsible for developing literary works or interactions such as
conversations. So it is something very interesting, although the use of this software
is restricted for some countries and additionally we have this program called WAS, which
is the name of another robot poet that was created in Madrid, that is,
by the Doctor of Computers of the Complutense University of Madrid, Pablo Gervas,
and this researcher, therefore, has been developing this software for seventeen years.
And so here it is about understanding the structure of poetry and studying the
creative process, because of the Spanish gold cycle. So, well, interesting
at the level of literary research, very interesting next, please, well,
here we have, for example, artificial intelligence in journalism. And so,
well, here comes an interesting topic applicable to us, which is the subject
of software or artificial intelligence called verified. This was done in Mexico with the
incorporation of ping point and is a data search tool to determine how many lies
the President says in his mornings and how many lies he said during the pandemic
And some more recent cases of artificial intelligence tools used by Spanish- speaking media
for the exercise of journalism, because we have a public eye in Peru,
which is to detect cases of corruption through the tip lerning. We have,
for example, Narrativa, which is a Spanish company that created a robot called
Gabriel to generate news in seconds and these are distributed through RTV twenty minutes or
the newspaper. And in the case of Mexico, because the Universal created an
artificial intelligence edication of the natural language of Google Cloubá and the country in Spain,
that uses respective for the moderation of comments on the web and, obviously
there avoid the bots that are throwing this bad wave, because with this it
eliminates them, it takes away everything that you. Be there generating more reputation
in the next network. Well, let' s go to the artificial system
called dabus Das. I mentioned them to you from the beginning of the presentation,
which was protected by patent. This is a program called Device of the
autonomus boot Strapping, which is an autonomous boot device of a unified consciousness and
its request was filed. There was a Treaty of Cooperation on Patent Cooperation pct
or as a country to obtain the patent, Australia. And so, this
is a case that has generated a great controversy at the international level because he
invented Dr Stephen Taller indicated that the inventor was the Dabus system, that he
had not had intervention in the creation of this invention. Then, at the
time of claiming the invention, he states that da Bus is the result of
several products and methods intended to design a container improving a fractal geometry that,
according to the applicant, was a container of refined food. In short,
Dabus is a food container. So, when this application arrives in Australia and
enters the national phase, in the first instance, the registrar says you are
not granted protection as long as the patent applicant cannot, that is, the
patent rights cannot fall on a person in an entity other than a natural person,
then you go back and it is already based on the articles of Australian
law and on the doctor such is going to appeal and to the second instance,
the authority resolves the following. Next, please, and say ok you
know what if we' re going to grant you the patent whenever the inventor
' s term should not be interpreted in a restrictive way. And, therefore,
in Australia it is said, taking into account the above, that there
is no reason to exclude artificial intelligence from the concept of inventor, because this
would mean depriving of patentability inventions which, in other circumstances, could be patented
on the basis of an exclusion not derived from the express letter of the law.
Moreover, they would represent the antithesis of promoting innovation and here we get
to the point that I was explaining to them earlier. We must create a
suigeneris right because this ruling that this judge takes, why he takes it,
because it says Australian law does not define it, that is, that it
is an inventor and, by not saying within its definition, that it is
a natural person as such. Then the legislation can accept other alternative means of
protection for creations derived from artificial intelligence. And here, well, a whole
revolution is being made at the international level. That is why, because it
breaks the paradigms of what American judges say, of what they say in the
European Union. And, well, what a barbarity, ma' am,
what do we do where we' re going then, if we go to
the next slide, please, and well, here' s the fractal procedure
for the food container and they were doubting what we were talking about, because
this is the invention that was protected. Well, the diagram below. Well,
then let' s quickly do a comparative analysis of artificial intelligence legislation and
let' s start with the Berne Copyright Convention. And this Treaty says that
only works created by a natural person will be protected by the European Union in
its various directives, that ownership of copyright or patent rights will only fall on
natural persons. And so now what a penalty and it sets aside the illeri
rights for the protection of databases, that we might consider a moral person to
be a right holder, but, because it is a right. That'
s why it' s called the right sui generil for database protection. But
I know it' s next. Please, if people slide, good in
the UK, notice the previous one. Please, in the UK. The
law of the copy Wright of nineteen hundred and eighty- eight, in its
article nine speaks specifically of the works created by computer and in this part considers
as author the works of the works those that have been made with necessary arrangements.
As a complement to this article, in the number one hundred and seventy
- eight of the same law, it is considered that they will have been
created by a blacksmith in those cases where there is no human author, then
here again we already have two laws, Australian legislation that says that if not
only a natural person can be considered author or inventor, but we can also
give way to the machines being creators or inventors. And here, in the
case of the United Kingdom, if there is no known inventor or creator,
then a machine can be considered to be the creator of a work or an
invention. And in Spain we have the royal decree approving the text of the
Law on Intellectual Property and following the guidelines of European directives. But article five
states that an author is a natural person who creates some literary, artistic or
scientific work. However, legal persons may benefit from the protection afforded by law
to the author in the cases expressly provided for. In them we then return
to European standards. What are these cases, since sui generis protection for databases.
And this next one, please, and here we see that France,
Portugal Germany, because they consider that only natural or natural persons can be considered
as authors and give no choice to any other mechanism of protection, that is,
to any other entity that is not a natural person so that it is
susceptible to protection of car rights. And next, please and well, what
are the conclusions? Only according to how international law is found in general terms,
Only men can be subject to intellectual property rights, then artificial intelligence,
because it has no personality, intentionality or conscience. Therefore, it does not
enjoy a personal stamp representing the author. Artificial intelligence is an appropriate good product
of the intellectual work of one or more natural persons. But obviously, if
you create something through artificial intelligence, or I start from the principle that ownership
should be given to the programmer or programmers of that software, but not properly
to the common program entity without legal personality. Next, please, and well,
many authors in the doctrine consider feasible the creation of a new law suigeneris
that is proper to artificial intelligence, and this would attempt to reward and protect
people who create databases or any other program of artificial intelligence through machine learning or
deep learning and the different types of algorithms to create literary, artistic, scientific
or inventions from a technological point of view. And next, please, and
well, this would be the conclusions. Well, here' s the bibliography.
If anyone has an interest in the articles and resolutions of the cases I
mentioned here, then they are here. And then next, thank you very
much for your attention. But you' ve cleared up the doubts or expanded
them. But, well, if there are any questions, I' m
all ears, thank you very much. It teaches the very interesting truth.
And if there are any questions here in which you say, for example,
what is the opinion of Hollywood actors who put themselves on, they put the
light on the artificial intelligence that you' re on strike right now. It
is something that has been discussed, because, obviously, I agree with them,
because it is the use of artificial intelligence that takes away sources of work.
And obviously, because performing performers, because they don' t live on
atoms, that is, they have to eat, and I think that they
have to respect, that they can use, that they remain creative subjects and,
of course, that they can enjoy these exclusive rights, that they are
granted the laws for the collection of royalties, because, finally, they live
from that and many of them do not have access, for example, to
health systems or retirement systems. Then the only mechanism to survive is through the
payment of your royalties. Therefore, I am in favour of protecting the industry
and, of course, the creators, incentivising or all the means the work
of the people who activate, because there is really a lot of talent.
Thank you very much, teacher and well, there are many congratulations for the
excellent presentation. And well he wants to laugh at the microphone to see if
any of the panelists want to make a comment. Master Castro, see end
I advance to Dr Maximo cal Has. I hope it doesn' t bother
you, but to congratulate the doctor on the presentation. The topic is most
relevant and current, because since last year the GPT chat was released and from
there in the number of artificial intelligence applications. But when I talk about n
it' s an impressive explosion of what can be done. He first came
up to watch the GPTA chat. All the others we must use as tools
to do our job, to make it easier. But at the end of
the day, the progress has been so much. I' ll give you
an example. He became a fan of the generation of music supported by artificial
intelligence and someone came up with a prompt where he told you abert generate a
Beatles song, Beatles styles and generated it. Hey, get yourself a video
or an Estanley Kubrick- type movie and generated a movie is on Kubrick'
s. That is to say, this is where we enter the field of
intellectual property. I' m going to try to figure out the idea the
smart official chat GPT and everyone else uses database. These databases belong to the
number of people who have been the creators of these contents. Then, when
artificial intelligence uses those contents, it cannot be recognized as intellectual authorship, regardless
of what it does. Hence the difficulty of being able to generate a copyright
record for a literary work or a patent for a generation of programs. I
can generate computer programs without knowing programming and by the way, I programming,
but I can give you a prop to generate a program for artificial intelligence and
it will generate it for me. Another problem we have is another one of
the tools that are used in artificial intelligence is to generate the use of images
of well- known people and as if I were me i e I am
generating the exhibition right now and my face would appear that they like, the
Stephen Hawkings or whatever they want of that can be done and I repeat here
the problem. That' s why it causes me a lot, the problem
when we' re talking about generating novel things normally, normally, if we
see that they' re using databases, we couldn' t come to the
conclusion that it' s something new, that it' s something original that,
regardless of any circumstance, is one of the requirements. I have the
impression that this is the challenge we are facing in terms of copyright, in
terms of intellectual property rights, so that Australia and England say yes this was
generated by computer, but the one that generated the program. For me it
would be the one that should ultimately be attributed to interco property Above all,
let' s start from the basis that copyright is not a pelo copyright,
but a wealth of rights. The patrimonial right here is what is relevant,
that of being able to exploit the patent. If I want to take it
to a copyright, we are talking about a property right that lasts in Mexico
a hundred years and if I go to intellectual property, then the property right
that I have is twenty years. That kind of thing, I repeat,
if I grant you, we imagine a patrimonial right for a computer. She
was the one who generated the program, because she did generate it that,
as I am saying, what she can do and what it does to generate
the computer or a patrimonial right if it is not an entity that can make
use of that right, that privilege. It' s quite a subject,
as you pointed out from the disptation. It' s very funny because I,
for the purpose of keeping the subject of artificial intelligence more or less in
quotation marks updated, subscribed to a news blog that is news GEPT or chat
GEPT generates news. If you have a news blog, then I signed up
as if I were the newr Time, a thing like that and you send
me my news and he and send them two formats written and video, and
the video you send is generated by artificial intelligences. It' s a very
interesting thing, but it seems to me that we' re at a time
when things are changing and we should be fine. I believe that the most
important contribution, if I may, Doctor de Martínez, is that point.
We have to be open that things are no longer what they were, they
are what they are and they are going to do differently and we are seeing
how it is opening its way. I congratulate you, I repeat for the
exhibition, because if you leave us much to think about, much to mature,
and I repeat when you undertake the study of the authorial matter, for
example, and that we say today the chat that you put in a pro
the soon is an instruction where I tell you hear generate me a report on
this nel shorring. Give me a report of my shorring to this day which
measure has been adopted and generated and I am not the author of the information
and the CHAP GPT, at least the version that I use does not give
you the information with different sources is that in Windows you use bing which is
another artificial intelligence that uses chap GPT, but they do send you the sources
of information that served to assemble that report. Then there' s something to
see. These situations are most relevant and I' m staying right now.
To conclude, artificial intelligence is a tool that we have to learn to use
or we are left out. It doesn' t matter how old you are.
Now it doesn' t matter how old you are. Just the one
who doesn' t use the intelligence and those tools is going to be out
of date. Thank you very much for reciting my congratulations. Yes, I
agree with you on the subject. There are several problems that may not touch
because we would expand a lot. But you also touched on a very important
point, which is all these artificial intelligences are in turn made up of databases.
These databases may be owned by different owners, then, or created by
different individuals. And you know that the cost of generating databases is very high.
So, yeah, I don' t, that is, I'
m taking out a different play. It is also a way of circumventing the
payment of beralia rights or the exploitation of information contained in different databases. And
that' s a subject that looks so nebulous. But it' s a
point and you touched something very interesting because we' ve done the experiment with
students where we tell them you' re going to get a job out of
the different artificial intelligence platforms and we' re telling them just like you said
the New Shok in what we come up with right now on current issues and
apparently takes out an original job in between combs. But if we put it
in a software that reads you the plagiarism issues, if it detects you that
it turned the information on you and got you something new, but yes,
it detects that it is drawn from different jobs. And if they tell you
so many paragraphs are of such things, so many paragraphs of something else,
then so. That' s why, once you' ve seen this,
you don' t want to be smart to watch the students tell you.
They use artificial intelligence to develop a work a thesis what you come up with
because, because you run the trait that if I put it into a software
that detects plagiarism, it will tell us that that work is plagiarized and it
is more rather uneasy in what percentage it brings information that I do not modify
and apparently they are selling us that it is an original work, then it
has many edges. I really place my reservations and agree with you too.
In other words, yes, we must be open to a new form of
regulation. Yes, because I can' t say either, or we can
say that everything that is given the Internet is a plagiarism, because it would
also be lacking the truth. But they are. There are times when I
think that I don' t have a faculty of analysis like the one that
the human has no matter how much they tell me, because I would remain
in granting him only patrimonial rights, as a right to his gender and with
my reservations, but never a moral right. That yes never could not be
considered an author in any way, because, as you are saying, they
juxtaposition information of everything they find through algorithms, but it does not mean in
many cases that they are doing something new. I mean, that' s
my particular point of view, but we' d have to look into it
in more detail. Thank you very much, Master, and well be the
maximum doctor carbajal wants to make some comment. Thank you, Daniela. Okay.
First of all, tell my friend Hector that I never saw myself or
him. It would be because it was speaking first and besides, it did
extraordinarily well and with a knowledge that I don' t have about artificial intelligence.
And secondly, thank Master Martinez very much. Cuéllar left me preoccupied with
everything he' s taught us about artificial intelligence. I agree a lot,
not knowing any of this. I' m not millennial, I' m
very dissociated from this one. That' s why I was mouthed open with
all your explanation. I learned a little bit. I' m going to
go deeper, of course, to try to learn a little bit more.
But I agree with you that the intellect of the human being, his soul,
his spirit, his being in, no artificial intelligence can replace it in.
In that yes, I can tell you and in all that you have
taught us, that it has been wonderful to hear it. Thank you very
much, Master Martinez Cuelle, thank you very kind Doctor. Thank you very
much, Master. And the truth is, there are a lot of questions
and a lot of comments, but, well, by the time we do,
it doesn' t give us time to do it anymore, that is
to say, ask them right now, but we' re going to get
them to you and I really want to thank you from the whole team of
maga TVs in Mexico. We came to a trick for this extraordinary lecture and
give you this virtual recognition. Licensed Lisefabiela Martínez Cuellar for bartering the one to
live with the theme. Artificial intelligence can be the holder of a doctor on
the 27th of September, two thousand twenty- three, signed by Dr Arte
de la Torre and will be served. Thank you so much, Marta.
The truth, as Rector Maximo Carvajal says, leaves us concerned and also with
Master Castro and thinking. And well, the truth is that very interesting and
we will see what happens in the future. We' re not going on
with the question yet. Thank you very much. Thank you very much,
And because I am challenged your orders when you require another talk, because you
will be happy to support and collaborate with you, for it is always a
pleasure to work with you. We' ve reached the end of today'
s trout. Thank you so much for joining us. This was let'
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