After the approval of the Royal Decree of the Artist Statute, the Ministry of Labor, together with the Ministry of Culture, continues to bet on regulating the labor relationship in this field. Precisely, during the drafting of the new regulation, a specific article on artificial intelligence was initially included. However, the Council of State recommended withdrawing it and processing it through an organic law, considering that it affects fundamental rights such as privacy and the protection of personal data enshrined in Article 18 of the Constitution.
Now, the Government has put a draft law out for public consultation to regulate its generative use in the world of performing arts, audiovisuals, and music. The future norm is born with a dual objective: to protect artists against the use of digital replicas of their image or voice without sufficient guarantees and, at the same time, to offer legal certainty to cultural companies to use this technology within clearly defined limits. Allegations can be submitted until August 14.
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With express agreement
The future legal text will focus exclusively on the labor field and will affect artist individuals in the performing arts, audiovisuals, and music, as well as the technical and auxiliary personnel included in this special labor relationship. Its purpose will be to establish specific rules on when and how generative AI can be used during the execution of an artistic contract.
The proposal provides that the use of AI systems will be limited to the specific object of the contract and to the work for which it was signed. Furthermore, when it is intended to create digital replicas or new recognizable content from the image or voice of an artist, the norm will incorporate additional guarantees to reinforce their legal protection.
Outside of those cases, the use of the image, voice, or results of artistic activity through artificial intelligence may only be carried out with an express agreement from the worker and a differentiated remuneration, which must be established in the collective agreement or, failing that, in the employment contract.
More weight for collective bargaining
Another pillar of the future law will be to reinforce the role of collective bargaining. The ministry intends for unions and companies to agree on criteria regarding the use of artificial intelligence, the communication to workers of the processing of their personal data, and the additional guarantees that must be applied in each artistic activity.
Likewise, the draft bill provides for the creation of a monitoring committee made up of union organizations, business representatives, and sector representatives to analyze the evolution of this regulation and its practical application, without this implying an increase in public spending.
Aligned with European regulations
The Government maintains that the future law will be coordinated with the European Regulation on Artificial Intelligence (AI Act), incorporating its requirements regarding transparency, traceability, identification of content generated by AI, and protection against identity theft. The objective is to avoid regulatory conflicts and ensure that the use of these technologies respects both European legislation and the fundamental rights of workers in the artistic sector.