The Government will prohibit generative AI in tradition if it replaces the work of artists and technicians | Culture | EUROtoday

It is inconceivable to disclaim that synthetic intelligence is already a actuality. But, earlier than its arrival, a part of tradition has locked itself in a bunker of rejection, as if going through a thief. In reality, he exactly accuses him of eager to steal 1000’s of jobs and having already looted tens of millions of works protected by copyright with out authorization or compensation. Now, the Ministry of Labor and Social Economy needs to half-open the door to its entry to the creative sector, though solely on the situation of protecting creators: using generative AI – that able to creating new content material – in cultural manufacturing, growth and promotion will likely be allowed solely when it’s specific within the contracts, is restricted to the work in query, doesn’t exchange the work of artists and technicians and solely impacts non-substantial modifications. Any different assumption will likely be prohibited, except it has the consensus of these affected and compensates them.
Labor boasts that the textual content, which updates a 1985 regulation, will likely be a pioneer in addressing generative AI and defending creators, and highlights the consensus that surrounds it, after in depth negotiation with the sectors concerned. At the identical time, the identical sources acknowledge the complications that the pact on Article 13, which touches on these points, has prompted – and probably continues to trigger. The intention is that AI can’t be used in any respect, for instance, to breed the picture of an actor or the voice of a dubber in one other subsequent movie, or to feed the script of a sequence for extra seasons. Although the entire casuistry will rely upon what is taken into account a considerable modification or not.
This is mirrored within the newest model, which begins the general public listening to section right now, Friday, of the royal decree that the division led by Yolanda Díaz has been getting ready for a while to adapt labor relations within the creative area to the digital age. Ministry sources are assured that it may develop into a actuality earlier than the summer season, or simply after, though it has been just a few months since its entry into pressure was first promised.
It was additionally tough, in accordance with Labor sources, to achieve an settlement on the restrictions on the manufacturing of content material on social networks or promoting by minors, one other key level already identified concerning the proposal. Work proposes that it might solely be influencer o youtuber beneath 16 years of age by means of an employment relationship: as workers, with an organization concerned, that takes duty and ensures respect for limits similar to schedules or safety of the varsity interval. The circumstances will likely be equivalent for all of Spain, to stop a manufacturing firm from going to an Autonomous Community with extra lax restrictions. In quick, it’s meant to be a really distinctive case, inside the prohibition of kid labor established by Spanish legislation. In no case could youngsters beneath two months seem. The Labor inspection will likely be in command of guaranteeing that each one that is complied with, though the potential sanctions are nonetheless unknown.
For the remainder, the royal decree confirms or reinforces much less controversial measures, which had already been introduced in 2025. First of all, it introduces the duty to have a privateness coordinator in any manufacturing – movie, sequence, play, opera… – that comprises sexual or intimate sequences. This skilled determine, frequent within the United States however a lot much less so in Spain, should mediate and make sure that all events are snug, consent, and that abuse doesn’t happen. And much more so if there’s a minor within the intimate scene – sexual actions in these age teams are prohibited.
In the identical space, it’s established that the protocols in opposition to potential violence be tailored to such an intermittent sector: “speed” will likely be required within the actions, to stop them from being resolved when the challenge has already ended, or the manufacturing firm has dissolved. Finally, the royal decree needs actions similar to rehearsals or promotion to be acknowledged inside the working day of an artist or technician. And copyright funds have to be explicitly mirrored within the payroll.
Work culminates on this means, when – and if – the royal decree goes forward, the measures that correspond to the Statute of the Artist. Which doesn’t imply that they’re all accepted. On the opposite, the stopwatch continues, as does the checklist of pending duties for the Government. It was 2018 when Congress unanimously accepted a report that contained 75 factors and about 60 particular measures. Since then, many have come into pressure: the compatibility between receiving the pension and revenue from creative actions of any sort; an unemployment profit that requires fewer days of contributions; or a brand new creative employment contract.
From that doc, nonetheless, reductions and deductions in VAT and private revenue tax are nonetheless lacking; a hyper-reduced self-employment quota, which takes under consideration the intermittency of cultural work, or the popularity of particular occupational diseases, similar to hoarseness for a singer.
So the negotiation continues, particularly with the Ministry of Inclusion, Social Security and Migration. Meanwhile, eight years and two governments have handed. Time retains transferring ahead. AI, too. Until the legislation says in any other case.
https://elpais.com/cultura/2026-01-23/el-gobierno-prohibira-la-ia-generativa-en-la-cultura-si-sustituye-el-trabajo-de-artistas-y-tecnicos.html