A group of 13 entities representing the productive sector in Brazil, including ABES, forwarded a letter to the Federal Senate, requesting adjustments to Bill No. 2338/2023, which is currently being processed by the Temporary Committee on Artificial Intelligence (CTIA). The central concern revolves around the proposed copyright rules, which, according to the group, could compromise the country's competitiveness in the global artificial intelligence (AI) scenario.
The development of AI is considered a crucial element in transforming Brazilian society and the economy, bringing significant advances in areas such as health, education, agribusiness and the environment. However, the entities emphasize that in order to achieve this potential, it is essential to adopt standards that protect copyright without stifling innovation.
In the text, the entities highlight that, although the Senate Temporary Committee has promoted valuable dialogues on PL 2338, the current text still does not strike the ideal balance between protecting copyright and fostering an environment of innovation. The project, in its current form, stipulates rules that may make AI training unfeasible in Brazil, especially in a commercial context. The requirement to pay for the use of content, including that protected by copyright, and the obligation to disclose the datasets used for training systems are critical points highlighted by the entities. These impositions, in practice, can stifle the development and improvement of AI models in the country, harming the quality and efficiency of systems that are already part of Brazilian daily life, such as text assistants, customer service systems and mass data analysis tools.
Furthermore, Bill 2338 would not be in line with international trends. While nations such as Singapore and Japan facilitate AI training, the European Union has adopted rules that allow computational analysis of publicly available works, reconciling rights protection and innovation. The entities call on Brazil to follow international examples, promoting an environment that is conducive to innovation in AI without disregarding the rights of creators.
The letter ends with the following message:
In view of the above, the entities that subscribe to this letter request that the Senators who are members of the Internal Temporary Committee on Artificial Intelligence, instead of approving the world's most stringent copyright regime for training AI models, which seek a more innovation-friendly solution, which makes the protection of copyright and related rights compatible with the development of technology, innovation and productivity.
In this sense, we request the suppression of the points related to copyright, which should be discussed separately or, alternatively, the recognition of the legality of the training of AI models and systems, reserving the possibility that owners can restrict the use of their works (opt-out) by AI systems.
We believe that Brazil has the opportunity to become a leader in AI development, as long as it adopts rules that allow innovation and research in this field. We count on the support of the Senators to ensure that Brazil does not miss this opportunity.
The signatories of the letter are:
ABAG – Brazilian Agribusiness Association
ABES – Brazilian Association of Software Companies
ABRUPT – Brazilian Association of Natural Rubber Producers and Processors
OPEN – Brazilian Association of Artificial Intelligence
ABStartups – Brazilian Startup Association
ABCD – Brazilian Data Center Association
Amcham Brazil – American Chamber of Commerce for Brazil
Brasscom – Association of Information and Communication Technology (ICT) and Digital Technologies Companies
CLB – CropLife Brazil
FENAINFO – National Federation of Information Technology Companies
MBC – Competitive Brazil Movement
MID – Digital Innovation Movement
SRB – Brazilian Rural Society
To download the letter in full, Click here.
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