ABPI Forum Explores AI Technology and the Future of Copyright
On September 3, at the Nereu Ramos Hall of the Chamber of Deputies in Brasília, the 2nd ABPI Forum on Artificial Intelligence and Intellectual Property convened nine experts to debate “How to reconcile Intellectual Property rights with the dynamics of Innovation.” Opening the program, Federal Deputy Júlio Lopes, President of the Joint Parliamentary Front for the Defense of Intellectual Property and the Fight Against Piracy, emphasized that without legal certainty in Intellectual Property, Brazil will not advance technologically or institutionally. The agenda also addressed Bill 2,338/23, Brazil’s proposed legislation on the use of Artificial Intelligence, which is currently under analysis by a Special Committee of the Chamber of Deputies.
Across three thematic panels, speakers examined how to align innovation policy with effective protection for creators—especially in relation to copyright. In the first panel, “Understanding the Technology,” Janete Ribeiro (Senior AI/ML Specialist, AWS – Amazon Web Services) discussed the centrality of data inputs to AI development, calling data supply “an indispensable step in the process.” She was joined by Luciano Martins (Tech Lead Manager & AI Engineer, Google DeepMind), who cautioned that overly rigid statutory language in Bill 2,338/23 could slow the pace of innovation. Martins stated that “If the legislation is too restrictive, the real loss will be a decline in the acceleration of innovation.” Fernanda Magalhães, ABPI Council Member, moderated the session.
The second panel—“Public Policy and the Economy: Market Consequences of Overregulation and Impacts on Brazil’s Innovation and Data Ecosystem”—featured Wayne Brough (R Street Institute), moderated by ABPI Second Vice President Tatiana Campello. Brough argued that Brazil should avoid excessive regulation, which can shrink the tax base, shift innovation abroad, and leave creators with few tangible benefits. He cited research indicating that restrictive licensing models are a “lose–lose” policy—harmful to both the creative sector and the wider economy. Mandating licensing for AI training, he warned, would make transaction costs prohibitive and stifle innovation. In his view, AI is a partner technology for creators: it accelerates production, analyzes market trends, supports marketing, and lowers barriers to entry for new creators. Brough also reviewed approaches in the United States, the United Kingdom, Japan, and the European Union, arguing that legislation should distinguish AI model training from outputs, with the latter assessed under copyright law.
The final panel—“Market Strategies: Business Models to Mitigate Risks and Maximize Gains”—brought together Márcio Gonçalves (Director, Microsoft), Sérgio Branco (Director, Institute for Technology & Society – ITS), and José Eduardo Pieri (ABPI Director), under the moderation of Tatiana Campello. Discussion again focused on Bill 2,338/23, particularly its chapter on copyright in the AI context. Branco noted a mismatch between traditional copyright rules and the digital environment: “We are trying to apply copyright frameworks that may not fit. A model forged in the nineteenth century and consolidated in the twentieth has become a major challenge in the digital economy.” He urged policymakers to keep sight of market outcomes—fostering competition, technological development, data-set transparency, and national capabilities—while creating market arrangements that both remunerate authors and support technological progress.
Gonçalves underscored that many practical answers will emerge over time and encouraged openness to new solutions—how we charge and how we distribute—remarking that “the goal of AI is not to create monopolies but to foster creativity.”
In his interventions, Pieri advocated for balanced legislation and warned against overregulation. He called for deeper debate on Text and Data Mining (TDM) and creator remuneration, noting the risk that excessive regulation could push training activities abroad—depriving Brazilian artists of income and undermining local economic development. “The challenge,” he concluded, “is to build a regulatory environment that creates real economic incentives.”
If you didn’t attend the event, you can watch the lectures on ABPI’s YouTube channel – https://youtu.be/7rsovFAnQfE