The Paris Journal on AI & Digital Ethics

Abstract

As generative artificial intelligence becomes increasingly embedded in creative and professional workflows, legal frameworks face new challenges in defining authorship and protecting human contributions. While much of the legal debate has focused on the outputs of GenAI systems, this paper turns attention to the prompt —textual input crafted by users to direct AI models. Some prompts require substantial creativity, effort, and stylistic intention, raising the question of whether they qualify as copyrightable works.

Focusing on the Brazilian Copyright Act, which requires originality for protection, this paper argues that certain prompts may satisfy this criterion, particularly those that reflect narrative vision, artistic direction, or aesthetic expression. Through a normative legal analysis, complemented by comparative references and illustrative examples, the paper outlines how current Brazilian law could accommodate the protection of creative prompts without legislative reform. It also explores the boundaries of this protection, drawing attention to the functional limits imposed by doctrines such as the merger doctrine.

Beyond doctrinal considerations, the paper situates the issue within broader concerns about governance and digital trust. Recognizing the legal value of prompts may enhance user agency, clarify ownership in AI-mediated processes, and foster more inclusive and transparent ecosystems.