Colombia: Intellectual Property and Artificial Intelligence – Legal Challenges

The use of artificial intelligence (AI) by businesses has become a standard practice in their daily operations. According to UC, some of the benefits of AI include increased operational efficiency, fostering innovation, reduced costs, and improved decision-making processes.

However, it is necessary for businesses to consider some key aspects of intellectual property regarding the use of AI:

1. According to the DNDA, works generated exclusively by AI are not eligible for copyright protection, as human intervention is limited to inputting a prompt. However, when AI is used as an additional tool within the creative process, the resulting work can be protected by copyright.  
2. AI-generated content may include personal data, intellectual property, performances, or works belonging to third parties without their authorization. Therefore, it is recommended to review such content before using it to avoid potential infringements.
3. AI regulation, as well as judicial decisions, settlement agreements, and transactions related to alleged violations, are constantly evolving in Colombia and around the world. Therefore, it is necessary to monitor these developments.  

For example, on September 25, 2025, Judge Alsup gave preliminary approval to the agreement between Anthropic and several authors and publishers, intended to “compensate U.S. copyright holders whose works were downloaded from pirate sites and used unlawfully to train AI models.”   

The agreement defined the members of the plaintiff group, the list of works included, and the timeframe for reviewing that list. Anthropic also committed to “paying at least $1.5 billion into an irrevocable Settlement Fund, to be distributed equally among the group members per work”; to “destroy the works obtained from the LibGen and Pirate Mirror libraries”; and other obligations. Furthermore, the group members agreed to waive any claims to the works included in the List of Works.

To date, this is the largest copyright infringement settlement ever reached and may serve as a benchmark for future litigation and/or agreements.

By LLOREDA CAMACHO & CO, Colombia, a Transatlantic Law International Affiliated Firm.  

For further information or for any assistance please contact colombia@transatlanticlaw.com 

Disclaimer: Transatlantic Law International Limited is a UK registered limited liability company providing international business and legal solutions through its own resources and the expertise of over 105 affiliated independent law firms in over 95 countries worldwide. This article is for background information only and provided in the context of the applicable law when published and does not constitute legal advice and cannot be relied on as such for any matter. Legal advice may be provided subject to the retention of Transatlantic Law International Limited’s services and its governing terms and conditions of service. Transatlantic Law International Limited, based at 84 Brook Street, London W1K 5EH, United Kingdom, is registered with Companies House, Reg Nr. 361484, with its registered address at 83 Cambridge Street, London SW1V 4PS, United Kingdom.