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SCD Strongly Opposes Government’s New Amendment to Intellectual Property Law Amid AI Concerns
The Chilean Society of Authors and Music Interpreters (SCD) has expressed its «strong rejection» of the amendment proposed by the Kast administration to Article 8 of the national reconstruction project, which alters the Intellectual Property Law to allow AI platforms to freely use protected works.
In a public statement, SCD outlined how the new amendment exacerbates the original issue raised by the article, which initially suggested that technology companies could utilize protected works without compensation or authorization from their authors, for purposes like extraction, comparison, classification, training, development, or deployment of AI models.
From the organization, it was explained that the substitute amendment introduced by the executive on May 11 completely replaces Article 8 of the reconstruction bill and incorporates an exception for text and data mining for AI system training, which they describe as «unconstitutional and lacking any protection for intellectual property rights holders.»
According to SCD, the newly proposed article not only preserves but explicitly broadens this original exception: «What was previously subject to interpretative debate is now enshrined as an explicit right for technology companies, with no limits whatsoever.»
«The regulation enshrines an unrestricted right for technology companies, devoid of limits, restrictions, or obligations,» warned SCD, highlighting that «exceptions for text and data mining are recognized in comparative law for limited purposes; however, this amendment transforms them into a general and unlimited authorization for the AI industry.»
In this context, they cautioned that the regulation proposed by the Kast administration violates the Berne Convention, a fundamental pillar of copyright law, which states that limitations on copyright are only permissible in special cases that do not conflict with the normal exploitation of the work or cause unjustified harm to the interests of the rights holder.
Moreover, they added that the substitute amendment presented by the government «is general in nature and deprives rights holders of the most protective standard recognized by international law,» also contravening the Universal Copyright Convention, the Rome Convention, the TRIPS Agreement, and the WIPO Treaties on copyright or phonogram performances.
At this point, they reminded that intellectual property is guaranteed by numbers 24 and 25 of Article 19 of the Political Constitution, and that «depriving rights holders of the power to authorize commercial uses and receive remuneration for them constitutionally requires effective compensation.»
Check the full SCD statement HERE
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