Desafíos y perspectivas del derecho de autor frente al uso de la inteligencia artificial en Ecuador

Abstract

This study analyzes how the rise of artificial intelligence is disrupting the copyright system in Ecuador, focusing on the Intellectual Property Code. The core issue is that, while technology advances rapidly, Ecuadorian law remains anchored in a traditional view of authorship that struggles to address the use of algorithms in creative work. Through a qualitative approach and in-depth legal analysis, the study identifies legal gaps that currently leave the protection of hybrid works uncertain, generating a climate of uncertainty that affects both legal certainty and the moral and economic rights of authors. In response to this situation, the research proposes a partial reform of the Intellectual Property Code. The aim is to safeguard the individual as the sole author, recognizing AI strictly as a tool under their control. Ultimately, the study concludes that this update is necessary and urgent for the Ecuadorian system to protect human ingenuity in the digital age without hindering technological innovation.