Copyright and Research in Latin America: Law, Courts, and Perceptions

Abstract Research on the intersection of copyright law, research activities, and innovation in Latin America reveals significant deficiencies in the legal framework and public discourse surrounding copyright limitations and exceptions (L&Es) for research purposes. The problem is more visible with modern data assembling and analyzing techniques, such as through artificial intelligence (AI) systems. This study highlights the scarcity of explicit provisions for research-related exceptions in the region by examining copyright legislation, case law, and stakeholder perspectives in six Latin American countries. Despite indications that judicial interpretation is expanding the scope of L&Es, particularly in Brazil, awareness of legal nuances remains low among researchers and broader stakeholder communities, hindering meaningful public discourse on the need for copyright reform. Our findings underscore the imperative to enhance awareness, foster community engagement, and promote public dialogue to advocate for legal reforms that balance copyright protection and research freedoms. Moreover, the lack of robust L&Es for research in the Global South exacerbates disparities with the Global North and impedes progress in fields reliant on copyrighted materials, such as AI research.