Artificial Intelligence & Law
AI authorship, governance, and contracts under Brazilian law for businesses using generative AI.
AI law addresses the legal framework for using artificial intelligence in business — who owns the output, how to use data for training, how to contract with providers, and how to govern internal use. Hosaki Advogados assists foreign founders and businesses with AI output ownership, training data licensing, AI provider contracts, and corporate governance of generative AI tools under Brazilian and international law.
Frequently asked questions
Who owns content generated by AI in Brazil — the user, the AI company, or no one?
Brazil's Copyright Law (Law No. 9,610/1998) protects intellectual works created by natural persons — it does not recognize authorship by AI systems. Content generated entirely by AI without meaningful human creative contribution may not be protected by copyright in Brazil and could fall into the public domain. However, when there is substantial human creative contribution — such as elaborate prompt engineering, selection, and editing of outputs — protection may arise in favor of the human user. INPI and ANPD do not yet have consolidated positions on all aspects, and the pending AI Bill (PL No. 2,338/2023) may alter this landscape when enacted.
Can a foreign company be sued in Brazil for using generative AI trained on protected works?
There is relevant legal risk, particularly in jurisdictions where litigation on this topic is already active (US, UK, EU). Brazil's Copyright Law does not provide an explicit text-and-data-mining exception for AI training, creating a landscape of uncertainty. Risk is higher when AI outputs reproduce recognizable elements of protected works, or when their use interferes with the normal economic exploitation of those works. Each AI provider's position on training data liability varies and must be verified in their terms of service. For businesses generating high content volumes, reviewing AI provider contracts' indemnification clauses is essential.
What should a contract with an AI provider (OpenAI, Anthropic, Google, etc.) include?
AI provider contracts must be analyzed on these critical points: ownership of inputs and generated outputs, license granted to the provider to use submitted data (training, model improvement), confidentiality of prompts and submitted data, limits on use of third-party data (clients, users), liability for incorrect or harmful outputs, provider indemnification clauses and their scope, SLA and service continuity mechanisms, and jurisdiction and governing law for disputes. Most providers operate with standard-form contracts of adhesion, but enterprise plans allow negotiation of some of these points.
How can a foreign founder protect a generative AI product from copying in Brazil?
Protection for a generative AI product combines multiple layers: the underlying software can be protected by copyright over the source code (no formal registration required in Brazil); the product's brand must be registered at INPI; proprietary training data may be protected as a trade secret; and differentiated technical architecture may in some cases be patentable (though software patents in Brazil face restrictions). Licensing contracts with users and partners must define authorized use and restrictions on reproduction, reverse engineering, and derivative works. A combined strategy is more effective than relying on a single form of protection.
What does Brazil's AI Legal Framework (Marco Legal da IA) mean for a foreign business?
Brazil's AI Bill (PL No. 2,338/2023) is currently in Congress and proposes a risk-based regulatory framework inspired by the EU AI Act. Key provisions impacting digital businesses include: classification of AI systems by risk level (minimal, limited, high, and unacceptable), transparency and synthetic content labeling obligations, prohibition of social scoring systems, civil liability for developers and operators of high-risk systems, and creation of a dedicated regulatory body. Foreign companies operating or planning to operate AI systems in Brazil should monitor the bill's progress and begin internal impact assessments before enactment.
Can I register AI-assisted creative work as my own in Brazil?
Yes, provided there is meaningful human creative contribution to the process. Brazil's Copyright Law (Law No. 9,610/1998) requires human authorship for protection, but does not prohibit the use of technological tools — just as using a camera does not exclude a photographer's copyright over their work. The greater the human creative contribution to the conception, selection, editing, and refinement of the output, the stronger the authorship claim. For registration purposes at EDA/FBN or INPI, the authorship declaration is made by the applicant; there is currently no express administrative guidance in Brazil on AI-assisted creation disclosure. Honest documentation of the creative process is recommended.
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