The Spanish Ministry of Labour and Social Economy launches on Thursday 17 September the public consultation on a regulation governing the use of generative artificial intelligence in the arts. According to the Yolanda Díaz the draft is intended to restrict the recreation of images, voices or texts using AI to clearly defined cases, and always make it conditional on express consent and payment to the artists concerned.
The proposal provides that digital replicas or new content generated using AI may be used only if this option is expressly set out in the employment or commissioning contract and relates solely to the specific production or period agreed. Without such a contractual provision, use would be prohibited. The ministry gives the example of an actor hired for one season of a series: their digitised likeness could not be used for a later season or other productions without a new agreement.
The initiative is intended to complement recent cultural-sector reforms, such as the Estatuto del Artista. While that focuses on social protection and working conditions, the consultation now getting under way addresses the specific risks of generative artificial intelligence. Alongside consent and payment, the draft provides for transparency obligations and seeks to limit the use of personal characteristics for training purposes. According to the ministry, the aim is to provide legal certainty for performing, audiovisual and musical work, and to limit the complete replacement of artists by AI.
The process is at an early stage. Trade unions, cultural and creative-industry associations, companies and individuals can submit their views as part of the public consultation. Ministries and advisory bodies will then prepare their reports. Only after that could the text be submitted to the Consejo de Ministros and subsequently brought before the Cortes . The timetable, the design of monitoring mechanisms and penalties, and alignment with the European Union’s legal framework remain open questions.
The competing interests are becoming clear: industry associations are calling for certainty for productions using digital technology, while professional bodies representing actors, musicians and writers are demanding strong protection against unauthorised use. The start of the consultation now brings this debate into the institutional arena, with the stated aim of firmly establishing contractual clarity, effective consent and fair payment in Spain .
Editor: Phillipe Schmidt-Araguin (Article created with AI assistance).