Copyright Law and Generative AI Training: New boundaries of protection in the algorithmic era

  • Panel
  • Class Room
  • Wednesday 20.05 — 17:20 - 18:40

Organising Institution

Lawgorithm Research Association

Brazil

Lawgorithm is a research association founded by faculty members of the University of São Paulo (USP), dedicated to investigating the intersections between Law and Artificial Intelligence, with a focus on the common good, responsible technological development, and social justice.
  • Academic 4
  • Business 2
The advancement of generative artificial intelligence brought debates on whether model training - based on large volumes of digital data - can or cannot be classified as a use of copyrighted works. Recent discussions highlight issues such as the distinction between digital data and authorial expression; the nature of computational processing not intended for human-to-author communication; potential impacts on creative markets; and legislative proposals across different jurisdictions, including Brazil, the European Union, and the United States. This panel will bring together experts from multiple fields to map these questions, present divergent legal approaches, and analyze regulatory, technical, and governance alternatives. The goal is to provide a multidisciplinary and balanced understanding of an evolving debate, without adopting definitive conclusions.

Questions to be answered

  1. Should the training of generative AI models with data extracted from copyrighted works be considered equivalent to the use of copyrighted works themselves under copyright law? Under what circumstances?
  2. Is copyright or authorship law adequate to guarantee compensation for creators in the age of generative AI?
  3. How have different jurisdictions - such as the EU, the U.S., and Brazil - approached this issue in their legislative and judicial debates?
  4. What regulatory and governance alternatives can balance innovation, creators’ rights, and legal certainty?

Moderator

Fernanda Galera Soler

London College of Contemporary Music - International

PhD and Master’s degrees in Commercial Law, with a focus on Intellectual Property, from the University of São Paulo. Academic Visitor at the Faculty of Law of the University of Oxford, affiliated with the Oxford Intellectual Property Research Centre. Specialist in Intellectual Property from the Escola Superior de Advocacia of the São Paulo Bar Association, and postgraduate in Innovation Management (Master in Business Innovation) from the Federal University of São Carlos. Bachelor of Laws from the Faculdade de Direito de São Bernardo do Campo. Currently a dual-qualified lawyer (Brazil and the UK), expert witness, lecturer at the London College of Contemporary Music (LCCM), researcher, and author, with work focused on Intellectual Property, Entertainment Law, Digital Law, Media, and Innovation.

Speaker

Juliano Souza de Albuquerque Maranhão

University of São Paulo / Lawgorithm Research Association - Brazil

Associate Professor at the Faculty of Law of the University of São Paulo (USP). Ph.D. in Law. Postdoctoral researcher in the Department of Computer Science at Utrecht University. Visiting Professor at Goethe University Frankfurt. Director of the Lawgorithm Association for Research in Artificial Intelligence and of the Legal Wings Institute. Program Chair of the International Conference on Artificial Intelligence and Law (ICAIL 2025). Partner at Maranhão & Menezes Advogados.

Speaker

Saskia Ostendorff

Wikimedia Germany - Europe

Dr. Saskia Ostendorff is General Counsel at Wikimedia Deutschland, lawyer and policy expert in media, copyright and digital regulation. Her work focuses in particular on freedom of expression, platform regulation, generative AI, and the governance of emerging technologies. She is co-editor of a leading German textbook on copyright law, publishes regularly in academic journals, and is regularly invited to teach and lecture on media, copyright and digital law. She contributes to legislative and policy debates at the intersection of fundamental rights, technology and democratic governance, and serves as Deputy Chair of the Digital Commission of the Deutscher Juristinnenbund.