Prompts of Generative Artificial Intelligence and its possible protection by intellectual property

Abstract

The prompt in Artificial Generative Intelligence, hereinafter IAG, is a literary text that is inserted into IAG software applications as input that gives rise to literary, visual, audiovisual creations, software or any other creative manifestation. The growing use and importance have determined various interests in defining whether some type of Intellectual Property protection can be considered in this regard. It has a functional component, although it is not protected from a technological point of view by Intellectual Property. It is analyzed whether it can be considered, as a literary expressión, a copyrightable work, or include trademark expressions. A succession of prompts is more likely to express originality of the operator and be protectable by Copyright. Without prejudice to the fact that their generation involves work and intellectual contribution, the operator who inserts them has no impact on the creative process of the IAG, so it is understood that he cannot be classified as the author of the creations of the IAG, in case these protectable works could be understood.