Latin America’s AI Policies Must Address Copyright Barriers to Research Innovation

The rapid expansion of artificial intelligence (AI) technologies in Latin America has highlighted a critical tension between intellectual property (IP) rights—particularly copyright regimes—and the fundamental human right to conduct research. Many researchers rely on text and data mining (TDM), an AI technique that processes large volumes of copyrighted materials such as scientific publications and news reports, to advance scientific knowledge. However, the absence of clear legal exceptions for TDM in most Latin American countries exposes researchers to potential copyright infringement claims, posing a significant legal risk.

TDM is a foundational tool for AI-driven research, enabling the extraction of patterns and insights from extensive datasets. Despite its importance, Latin American copyright laws generally do not provide specific exceptions for TDM in research contexts. Ecuador is a notable exception in mentioning TDM in legislation, but it stops short of granting copyright exceptions, offering only limited liability exemptions for library and archive officials. This contrasts sharply with many Global North countries—including Canada, Germany, Japan, and the United States—that have implemented legal frameworks permitting TDM for research, thereby facilitating innovation and public health responses.

The disparity creates a regulatory asymmetry disadvantaging researchers in Latin America and other developing regions. For example, a hypothetical scenario analyzed in the “¿Es Legal?” (Is It Legal?) project examined whether a team of biologists could legally train a machine-learning model using thousands of internet-sourced images of plants and animals. The study found that in eighteen out of nineteen Latin American jurisdictions, such activity would be illegal under current copyright laws, with Cuba’s position uncertain. In contrast, U.S. law might protect this under fair use, and European Union directives explicitly allow TDM exceptions.

This imbalance not only hampers scientific competitiveness but also conflicts with international human rights standards that recognize the right to research as integral to freedom of expression and access to information. The ability to access and analyze knowledge underpins broader rights to education, culture, and scientific advancement. Therefore, copyright systems must balance exclusive rights with limitations and exceptions that protect these fundamental rights.

The COVID-19 pandemic underscored the importance of TDM in public health research. Canadian company BlueDot detected early signs of the coronavirus outbreak in Wuhan by mining vast amounts of news and scientific data using TDM techniques. Such capabilities rely heavily on legal access to copyrighted materials, which remains uncertain or restricted in many Latin American countries.

Recognizing these challenges, the Latin American Civil Society Alliance for Fair Access to Knowledge has advocated for the inclusion of TDM exceptions in national copyright laws. This aligns with recent developments at the World Intellectual Property Organization (WIPO), where the African Group successfully advanced a work program on limitations and exceptions, prioritizing exceptions to facilitate digital-era research, including TDM.

Professor Raquel Xalabarder’s 2023 WIPO report emphasizes that TDM is essential for modern research and warns that researchers without access to these tools face competitive disadvantages. As AI becomes increasingly central to scientific inquiry, Latin American countries must modernize their IP frameworks to support researchers and ensure equitable participation in global scientific progress.

Incorporating TDM exceptions into AI strategies and copyright laws will help Latin American nations harness AI’s benefits while respecting human rights. Such reforms would reduce legal uncertainties for researchers, promote innovation, and enable the region to contribute more robustly to AI-driven science and technology.

Ultimately, balancing IP protections with the right to research is vital for Latin America’s scientific future. Policymakers must prioritize legal reforms that facilitate AI-enabled research, ensuring that copyright regimes do not become obstacles to knowledge creation and dissemination in the digital age.