Legal challenges of using artificial intelligence in the creation of musical works and business content

Artificial intelligence and the new risk landscape in the business environment

The rapid evolution of artificial intelligence tools capable of creating highly realistic music, voices, images, and texts has opened a new landscape of opportunities and legal risks for businesses. The use of systems capable of reproducing artistic styles, recognizable voices, or creative elements associated with specific individuals raises relevant questions regarding copyright, personality rights, and unfair competition.

Recent cases involving the artificial reproduction of voices and musical styles of globally recognized artists demonstrate that the debate is not merely technological, but fundamentally legal and strategic.

For business owners, managers, and innovation leaders, understanding the legal limits of artificial intelligence has ceased to be an academic issue and has become part of business risk management. The indiscriminate adoption of these technologies may result in significant legal liabilities, reputational damage, and substantial financial impacts, especially in creative, marketing, entertainment, technology, and communication sectors.

Copyright and works created by artificial intelligence

One of the main legal debates concerns the protection of works generated by artificial intelligence. Brazilian copyright law is based on the assumption that intellectual creation is the result of human activity. This means that, as a rule, only natural persons can be considered authors of protected works.

When a work is generated entirely by an artificial intelligence system, without relevant human creative intervention, uncertainties arise regarding its legal protection and ownership. For companies that use these tools in advertising campaigns, soundtracks, audiovisual content, or digital products, this lack of clarity represents a concrete risk, as it may compromise exclusivity of use and the economic exploitation of the produced material.

Additionally, there is the issue of the datasets used to train artificial intelligence systems. If such systems are trained using copyrighted works without authorization from rights holders, the commercial use of the generated content may be legally challenged, even when the final work is not a literal copy of preexisting creations.

Use of artistic style and risk of indirect rights infringement

Another sensitive aspect concerns the reproduction of identifiable artistic styles. Although artistic style itself is not independently protected by copyright law, the use of elements that allow the association of a work with a specific artist may constitute indirect infringement, particularly when there is economic exploitation and potential public confusion.

In the business context, this translates into risks for advertising campaigns, digital products, and brand content that use artificial intelligence to “emulate” voices, musical compositions, or visual aesthetics strongly associated with well-known individuals. Even without literal reproduction of a protected work, improper association may give rise to claims of parasitic exploitation, unfair competition, or violation of personality rights.

Rights to voice, image, and personal identity

The use of artificial intelligence to reproduce human voices with a high degree of fidelity has brought renewed attention to the right to voice as an extension of personality rights. Voice is a unique and identifiable attribute, and its economic exploitation depends on the express authorization of its holder.

For businesses, the use of synthetic voices that reproduce or clearly evoke the identity of a specific individual, even without direct reference to their name, may result in civil liability. This applies not only to artists and public figures, but also to professionals whose image or voice has relevant commercial value in a given market.

The same reasoning applies to the use of images, digital avatars, and visual representations created by artificial intelligence that closely resemble real individuals. The boundary between technological innovation and the violation of fundamental rights is narrow and requires careful legal analysis.

Corporate responsibility and risk management

From a business perspective, the key issue is not merely whether technology allows a particular creation, but whether its use is legally safe. Companies that contract artificial intelligence tools, develop proprietary solutions, or outsource content production must carefully evaluate contractual terms, licenses, and usage limitations related to generated materials.

Liability may fall on both the technology developer and the party that commercially exploits it. In many cases, the business owner is the most visible link in the chain and therefore the primary target of legal claims. Allegations of technical ignorance rarely exempt liability when there is economic exploitation of the content.

The adoption of internal digital compliance policies, prior legal review of campaigns and products, and clear allocation of contractual responsibilities are increasingly necessary measures to mitigate risks related to intellectual property and personality rights.

Regulatory landscape and trends

Although Brazil still lacks a specific and consolidated legal framework addressing copyright in relation to artificial intelligence, the subject is evolving rapidly in both doctrinal debate and regulatory proposals. International trends point toward stronger protection of rights holders and greater transparency requirements regarding data usage and content generation by automated systems.

Companies operating in global markets must remain attentive not only to Brazilian law but also to foreign regulations and international best practices, particularly when their products or services reach other jurisdictions. The absence of specific regulation does not imply the absence of legal responsibility.

The importance of preventive legal counsel

The use of artificial intelligence in content creation represents a significant advancement for business innovation, but it also imposes complex legal challenges. Copyright, personality rights, and civil liability form a set of risks that cannot be ignored by business owners and managers.

Preventive legal counsel plays a fundamental role in the analysis of projects involving artificial intelligence, from the conception stage through commercial exploitation. Reviewing contracts, licenses, usage models, and potential legal impacts enables companies to innovate safely, reducing exposure to litigation and preserving their market reputation.

In an environment of rapid technological change, strategic legal guidance ceases to be a cost and becomes an essential element of business sustainability and growth.