Implementation of a regulation governing copyright in relation to artificial intelligence in Ecuador

Abstract

Introduction: This research analyzes the need to implement specific regulations in Ecuador governing copyright for creations generated by artificial intelligence (AI), given the existing legal gap in the Organic Code of the Social Economy of Knowledge, which only recognizes human authorship. Materials and methods: A mixed-methods approach was used, combining documentary analysis of doctrinal sources, national legislation, and international instruments with surveys of 20 legal professionals and content creators, as well as interviews with experts in information technology law and intellectual property. Results: The results showed unanimous consensus: 100% of respondents considered current legislation insufficient, believed that works generated by AI should be protected by copyright, and that a complementary law exclusively regulating this matter is necessary. Furthermore, 90% acknowledged that AI poses a challenge to intellectual property and that the legal security of human authors must be guaranteed. Discussion: The agreement between empirical findings and doctrinal positions underscores the urgent need to update the regulatory framework, drawing on international experiences such as British legislation and the Colombian bill. Conclusions: It is essential to amend the Draft Organic Law for the Regulation and Promotion of Artificial Intelligence to incorporate clear provisions on authorship, ownership, use of protected materials in AI system training, and transparency in content generation, thereby guaranteeing legal certainty, protecting human creativity, and aligning Ecuador with international standards.