Chile's artistic and cultural guilds have issued a high-level alert regarding the inclusion of Article 8 in the National Reconstruction bill, a legislative push led by President José Antonio Kast's administration. The measure seeks to amend Intellectual Property Law to permit the reproduction and adaptation of works without the owner's authorization or compensation, provided the purpose is data mining.
According to reports from latercera.com, the new regulation would legalize the use of protected content for the extraction, classification, or statistical analysis of large volumes of text, audio, or imagery. The Government defends the initiative, arguing it is essential for attracting technological investment to the country.
Finance Minister Jaime Quiroz explained that the goal is to make Chile an eligible destination for investment in decentralized data mining for artificial intelligence. Meanwhile, Interior Minister Claudio Alvarado expressed openness to the discussions that will arise during the parliamentary debate.
Tension Between Innovation and Copyright
Reactions from the creative sector have been overwhelmingly negative. The National Television Association (ANATEL) and the National Press Association expressed deep concern over the massive use of content without economic compensation for rights holders. Attorney Maximiliano Santa Cruz warned that the article's wording is "particularly broad" and creates a "blurry line" that generates uncertainty within the intellectual property system.
In the music industry, the Chilean Society of Authors and Performers (SCD) labeled the proposal a violation of fundamental copyright principles. "This isn't about national growth or any specific problem; it is simply an exception that gravely threatens the rights of authors," stated Juan Antonio Durán, Director General of the SCD.
The publishing sector also reported a critical situation. Ángela Neira, General Secretary of the Society of Literary Rights (Sadel), described the provision as an "existential threat" to the economic sustainability of national creators in the face of AI models.
Representing the Association of Chilean Female Authors (AUCH+), spokesperson Beatriz García-Huidobro demanded respect for creators, noting that while tech institutions will reap the benefits, creators could be sidelined or see their works altered. Similarly, Soledad Escudero of the Book and Reading Corporation argued that the article benefits almost exclusively large tech corporations.
The film and acting communities are also caught in the conflict. Gabriel Díaz, president of the Chilean Film Academy, criticized the fact that a structural change of this magnitude is being processed as an ancillary provision. Finally, Chiletractores expressed surprise and warned of an international trend toward seeking compensatory agreements and licensing for AI training. "We cannot allow authors, artists, and creators to be the ones who pay the price for innovation," the organization concluded.
