Recent initiatives to protect copyrighted works from unlicensed use in training AI models in the Americas 10 December 25 Jose Jehuda Garcia

In the Americas region, the impact of artificial intelligence (AI) training on the creative sector is emerging as an important issue for countries to address.

Cullen International's eight-country survey on this matter indicates that protecting intellectual property rights (IPR) holders/owners is generally a priority. Of the eight countries involved, all are tackling the subject with a view to providing a legislative or judicial solution in the short to medium term.

 The benchmark highlights these recent developments:

  • In November 2025, Chilean legislators opted to omit the issue from their AI law bill entirely, choosing to leave the question to the Chilean courts.
  • Peru enacted a law in September 2025 (effective 23 January 2026) that requires that the development, implementation and use of AI-based systems respects copyright and related rights.
  • As of 3Q 2025, three instances of federal case law in the US have found it permissible to train AI systems with copyrighted works without any compensation or authorisation being necessary. But only lower courts have spoken on the issue.

Cullen International’s new Americas Media benchmark also tracks the national initiatives (legislative and non-legislative) that the other five jurisdictions are pursuing. They range from consultations (Canada) to legislative proposals to resolve the legality or illegality of this AI-training practice (in Argentina, Brazil, Colombia, Mexico).

For more information and access to the full benchmark, please click on “Access the full content” - or on “Request Access”, in case you are not subscribed to our Americas Media service.

See also our research on related initiatives in Europe.