AUTORIA INSTRUMENTAL POR INTELIGÊNCIA ARTIFICIAL NO DIREITO INTERNACIONAL: FUNÇÃO SOCIAL E GOVERNANÇA GLOBAL
DOI:
https://doi.org/10.17564/2316-381X.2026v10n3p119-133Abstract
Abstract:The rapid incorporation of generative artificial intelligence systems into the global informational ecosystem challenges the anthropocentric foundations of copyright law and strains the international intellectual property regime. This study aims to examine how the emergence of instrumental authorship through artificial intelligence requires a critical reassessment of traditional concepts of authorship and ownership, shifting the focus from individual proprietary protection to the social function of creative works and cooperative models of global technological governance. The research adopts a qualitative approach based on documentary, bibliographic, and comparative methods, analyzing international intellectual property treaties, institutional reports from multilateral organizations, and specialized literature on copyright, digital governance, and human rights. The findings demonstrate that an authorship paradigm exclusively centered on the human creator is insufficient to regulate algorithm-mediated cultural production, resulting in normative fragmentation and transnational legal uncertainty. The study concludes that international regulation of artificial intelligence must consolidate an informational governance model grounded in the social function of intellectual property, ethical soft law, and multilevel cooperation, integrating copyright protection, access to knowledge, cultural diversity, and informational justice as inseparable dimensions of the future of International Law.









