Document Type

Article

Publication Date

3-21-2024

Abstract

In recent years, there has been a growing body of legal regulation of

TDM. Since 2018, Japan, the European Union, Singapore and others have

promoted changes to their copyright law and included specific limitations and

exceptions for TDM. These changes have been slow in the Global South and

the developing world, even though they are urgently needed there. This report

aims to present the Brazilian copyright legal framework and the policy

documents related to Intellectual Property, Artificial Intelligence and

innovation influencing political and public debate. This set of policies and

legislative texts provides the grounds for the discussion on the need for a

TDM Limitation in Brazil, a debate which has been intensified within the

scope of the work carried out by a special commission that was convened by

the Brazilian Senate to work on a substitute draft for the AI Bill. Brazil’s

TDM provision is focused on uses carried out by public-interest-oriented

organizations. It found its place within the Bill on AI as a distinct topic and

is currently formally part of Bill 2338/2023, which is being discussed in the

Senate. While there is a reasonable possibility that the TDM provision will

be voted on and approved in the Senate, recent developments on Generative

AI may bring even more complexity to the debate on the interplay between

AI and copyright.

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