Original article: «Ley de Reconstrucción» de Kast sigue sumando detractores: SCD acusa vulneración a principios generales del Derecho de Autor en artículo sobre uso de la IA The Chilean Society of Authors and Performers (SCD) has expressed deep concern regarding the implications of the «reconstruction» law proposed by President Kast’s administration, particularly an article that addresses the use of Artificial Intelligence (AI). They warned that this provision could negatively impact the protection of musical creation and copyright rights. In a public statement, SCD declared, «Upon learning of the inclusion of Article 71 T in the so-called National Reconstruction and Economic and Social Development Bill, presented today in Congress by H.
E. the President of the Republic, we want to express our rejection of the idea contained therein, as well as our surprise at the inclusion of initiatives related to such a distinct issue as Intellectual Property in a project that claims to target reconstruction. » According to the association, the addition of this article «raises serious doubts regarding its relevance, especially since the fundamental intent behind this proposal constitutes nothing less than a violation of the general principles upon which Copyright Law is based, namely the explicit authorization of holders for the use of works, a principle that we at SCD have defended for nearly 40 years.
» The SCD explained that this proposed article had previously been suggested by the former government, «and after extensive debate — initially limited to non-profit research purposes — and in light of the unanimous rejection from the relevant commission, it was ultimately removed from the proposed law on Artificial Intelligence that included it. » «Exceeds Any Copyright Protection Legislation» Finally, the Chilean Society of Authors and Performers emphasized that the notion that any AI tool can utilize protected material without authorization «exceeds the bounds of any legislation regarding copyright protection, embodying a view that leaves the most vulnerable — the creators — unprotected against technology and the large IT conglomerates that control it. » «This is not an exception because it transcends any limitation to scientific research or non-profit purposes; rather, this is a broad regulation that promotes total imbalance at the expense of the creators,» the SCD added.
«The growth of a country cannot be predicated on the deprivation of rights for its creators, specifically authors, composers, and musical performers. It is essential to promote a fair balance between innovation and the protection of artists, as had already been discussed and defined — a direction contrary to that proposed by this article,» asserted the musical association. In this regard, they concluded that this proposal from Kast’s administration «only serves to regress in a debate that was already settled, incorporating it into a context entirely alien to its nature, which only accentuates a perspective of indifference towards a right enshrined in the Universal Declaration of Human Rights, and which must be safeguarded for the proper cultural development.
» We will continue to provide updates. In the photo: Rodrigo Osorio, President of the SCD (archive photo from TVN).