O show tem que continuar! / The concert must go on!

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The discussion surrounding the role of Artificial Intelligence in the entertainment industry reignites a debate that has accompanied the history of Copyright Law since its inception: the ongoing challenge of rebalancing the relationship between creation, dissemination, and fair remuneration for authors in the face of technological transformations.

When Copyright Law first emerged, the world was transitioning from an artisanal model of production to an industrial logic marked by the invention of the printing press. It was in this context that thinkers and writers — among them Victor Hugo — advocated for the legal recognition of an author’s rights over their work.

In Brazil, Chiquinha Gonzaga played a fundamental role in this movement by leading the creation of authors’ associations and fighting for the collection of public performance rights, ensuring that composers and performers were remunerated for the use of their works.

Since then, we have faced several major transitions:

• The shift from physical media to the digital environment, which brought challenges such as illegal downloads and the rise of streaming;

• And now, a new stage marked by content produced by Artificial Intelligence, which challenges the traditional foundations of authorship and rights ownership.

At the beginning of this debate, the prevailing idea was that AI-generated works would not fall under copyright protection. As the technology advanced and the discussions matured, it became clear that such a position could weaken the remuneration structure that sustains the creative ecosystem. After all, AI systems are trained on pre-existing works — and ignoring this fact would disrupt the very balance that the law seeks to preserve.

The essential function of the law, in this and other contexts, is precisely to restore the scales: to prevent unjust enrichment on one side and to ensure fair compensation on the other for the value that is created.

Recently, we held a meeting of the Women in Intellectual Property and Entertainment (MPIE) group on this topic at the headquarters of Ecad — the Central Office for Collection and Distribution.

More than a new debate, this is a continuation of a historical cycle: every technological revolution demands a renewed effort to rebalance the system — so that, indeed, the concert can go on.

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