Copyright in the digital age with AI is a priority for BRICS culture

Bruno Melo, head of the Special Advisory on International Issues at Brasil's Ministry of Culture, states that three priorities of the Brazilian Presidency for the group have been welcomed by the group's countries

By Mayara Souto | mayara.souto@presidencia.gov.br

In an era where images, videos, and audio can be instantly replicated and shared online, reaching a global audience, maintaining the connection between creators and their content has become a significant challenge. This issue particularly affects artists and creators, who often see their work shared without proper copyright recognition. The Brazilian BRICS Presidency has made this issue a priority for discussion within the Culture Working Group (WG), which held its first online technical meeting this week under the coordination of Brasil’s Ministry of Culture (MinC).

“We are working to advance regulatory mechanisms in the field of digital copyright,” explained Bruno Melo, head of the Special Advisory on International Affairs at Brasil’s Ministry of Culture and coordinator of the WG. According to Melo, the issue has been under discussion since Brasil’s G20 Presidency last year and remains a key topic on the agenda. “We hope to strengthen our position within BRICS, reflecting the Global South’s perspective on this issue,” he added. 

Melo also noted that the BRICS countries share several similarities in their concerns regarding digital regulation. “We have a high level of convergence on these agendas, which are particularly important to our economies. We know that, in the digital environment, many ‘big tech’ companies are based in developed countries. This creates a competition for space and a push for fairer regulation of the digital landscape,” he said. 

According to the coordinator, the goal of regulating digital platforms with copyright in mind is to ensure “fair and equitable compensation.” “The way digital platforms operate is, in some ways, predatory in terms of compensation. Artists and authors often receive no payment when artificial intelligence (AI) technology is used to replicate someone’s voice, for example,” he added.

As a result of this discussion, the working group is expected to create a catalog of best practices for copyright protection in the digital environment. According to Melo, Brasil has relevant experience to contribute. “Several bills on AI and copyright are currently under discussion in the National Congress,” he noted. 

Approved by the Federal Senate in December, Bill 2338/23, which regulates artificial intelligence in Brasil, is now under debate in the Chamber of Deputies. Among other provisions, the bill addresses AI-generated content and copyright protection, allowing its use only by research institutions, journalism, museums, and libraries—excluding commercial purposes. If a copyrighted work is used by AI, the owner must be compensated.

Governance in the age of AI is one of the six priority areas of Brasil's BRICS Presidency. The forum will discuss ways to promote inclusive and responsible international AI governance, aiming to unlock the technology's potential for social, economic, and environmental development.

In the Culture WG, the topic is part of the first of three priority axes: Culture and Creative Economy, Copyright and Artificial intelligence, and Culture, Climate Change, and the Post-2030 Development Agenda and Return of Cultural Property.

“Culture is part of the solution”

The second priority presented by BRICS Culture WG coordinator Bruno Melo is the inclusion of culture in the climate change debate, with a focus on driving this discussion in the Global South. “There is growing awareness that culture is both part of the problem and part of the solution to climate change. Brasil recognizes that culture plays a crucial role in shifting behavior patterns and driving deeper societal change through awareness-raising and mobilization,” he commented.

“This decision is directly tied to two large movements, one is UNESCO's World Conference on Cultural Policies and Sustainable Development, to be held in Spain at the end of the year, and COP30 itself, to be held in Brasil. The idea is to connect the BRICS countries group to the international discussions that are going on,” Melo explained.

One of the ongoing debates within the working group is the recognition that heritage protection is a sustainable practice. “For us in Brasil, the clearest example was last year’s floods in Rio Grande do Sul, where much of the cultural heritage was either submerged or indirectly affected. The cost was not only material; there was also a deeper impact, as memories can be erased—such as in the case of archaeological sites,” explained the coordinator.

“Another issue is the recognition of sustainable practices maintained by traditional communities, Indigenous peoples, and countries with ancestral practices that embody significant sustainability principles. This has become an increasingly strong trend among developing countries, which have rich cultural and ethnic diversity,” he added. 

Return of cultural property 

The third point under discussion by the group is the return of cultural property to its country of origin. A recent example is Brasil, which last year saw the return of the Tupinambá mantle from the National Museum of Denmark after 330 years.

“This is a very complex and costly issue, especially for countries that experienced colonial rule, during which a significant portion of their cultural property was pillaged and taken abroad. There are international conventions under UNESCO to regulate negotiations for the return of these items. What we propose is a seminar with experts and academics, supported by universities here in Brasil, in partnership with the University of São Paulo (USP), to discuss ways to facilitate these diplomatic negotiations in a multilateral context,” explained the head of International Affairs at MinC.

According to him, several Global South countries already have ongoing efforts to recover their cultural property, but these processes are currently handled through bilateral relations. A multilateral approach could help navigate delicate situations more effectively. 

Melo believes the overall outcome of the first meeting of the Culture WG is positive. “This was an initial meeting where we listened to each country’s perspective on the issues. We identified substantial convergence, and the goal of achieving more concrete outcomes is to build consensus through the exchange of experiences and information. The similarities in our economies and historical processes allow us to complement one another. We hope to build a strong cultural position that can resonate across other blocs and multilateral forums,” he stated.

The next meeting of the BRICS Culture WG will take place in person in Brasília on May 22-23. The ministerial meeting is scheduled for May 26 at the Itamaraty Palace.

In addition to the debates mentioned above, the Culture WG plans to promote a BRICS Cinema Festival at the end of the second semester. The goal is to showcase films from member countries and promote the group's creative economy. A platform will also be launched for this purpose, where cultural data and indicators from the Global South will be shared.