AI Regulation, Copyright, and Data Mining: A Critical Analysis of the Brazilian Proposal

AI Regulation, Copyright, and Data Mining: A Critical Analysis of the Brazilian Proposal

Journal article

1 online resource (pages 136–166)

In December 2024, the Brazilian Senate approved draft law PL 2338/2023, a legislative initiative to regulate artificial intelligence (AI) technologies in Brazil, and one of the most comprehensive efforts of its kind in the Latin American Region. This paper undertakes a critical analysis of the provisions of this Bill relevant to copyright and related rights. It is the first study of its kind published in English. The issues addressed include transparency requirements for training data, non-commercial text and data mining (TDM) exceptions, and specific rights over the use of copyright-protected works in the course of AI research and development. This analysis references the experiences of the European Union legal framework, in order to highlight possible interpretive issues, ambiguities, and implementation challenges. A novel mapping of the AI ecosystem is provided in order to contextualise the analysed provisions. We also explore the interpretation that the Bill creates new “AI usage rights” which are distinctly from the existing well-established right of reproduction. We conclude that while the Bill is an important legislative effort, it is characterised by issues of misalignment of the scopes of application and key definitions across different provisions. This is in part due to attempts to incorporate AI-specific TMD exceptions into an AI regulation, without those TDM exceptions being incorporated in the enabling copyright legislation itself. Overall, this analysis highlights the complexities of legislating copyright provisions within AI regulations, and provides valuable insights for scholars and legislators in all jurisdictions who are exploring this frontier regulatory issue.

Crossref

International Review of Intellectual Property Law & Competition Law ; IIC 2025, 57(1), 136 - 166

New York: Springer LINK, 2026.

Anglais

CC BY 4.0

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