AI in audiovisual production: opportunities and challenges

In this tribune, Alberto Aduriz Sarabia, lawyer at Bardají & Honrado, addresses the main legal aspects to be taken into account when integrating elements from generative AI tools into audiovisual productions.

The use of inteligencia artificial (AI) in the creation of visual content has generated an intense debate in the cultural and legal spheres. Despite resistance from some sectors, AI is already a Undeniable reality. Tech companies such as OpenAI (ChatGPT), Google, Microsoft and, more recently, DeepSeek They have been integrated into various everyday processes, opening up a range of new possibilities.

The audiovisual sector has not been immune to this. Artificial intelligence tools are often used in the CGI systems (Computer-Generated Imagery) and VFX for the realization of special effects, although they are increasingly being integrated into more aspects of a Audiovisual production.

These tools allow Optimize costs and production times, in addition to offering creative possibilities previously unthinkable. However, there are certain circumstances that must be taken into account before carrying out its use in a production to guarantee the originality y los Intellectual Property Rights resulting from the work.

Legal aspects to take into account when using an artificial intelligence tool in an audiovisual production

The implementation of AI tools in audiovisual production requires Evaluate various factors to guarantee the cadeNa de dereand the Intellectual Property of the Audiovisual Work as a whole, in order to be able to exploit it without any legal risk.

It is essential that producers understand the Legal and technical implications before incorporating such AI tools into their projects. The most important thing:

1. Intellectual Property Rights in Previous Materials (Inputs)

- You must have the Corresponding license o make sure that the inputs used in the AI tool (e.g. previous images) are Royalty-free author.
- If the inputs include personal or third-party photographs, must have the express authorisation of the owners for its transformation and use, which must be duly documented.

2. Rights in the materials generated (outputs)

- The AI tool used must guarantee the Assignment of all rights to the material (output) generated, or reserves a right to train that tool with these outputs.
- You must not reserve the right to use or use the inputs provided (such as images, descriptions or any other data) for any other purpose, or any other purpose.

Licensing regulation for generative AI

Recently, the Spanish Ministry of Culture has taken the decision to withdraw the processing of the Royal Decree on Licenses for Generative AI. This measure arises after the public consultation carried out last December after an avalanche of criticism received from the cultural sector.

According to the official statement, a Dialogue process with the Actors involved with the objective to address the challenges posed by generative AI and protect the Authors' rights.

The cultural sector's opposition to the regulation of AI tools

The IA Raises Legal challenges still unresolved, especially with regard to the Use of copyrighted works in the Training of these tools. In this context, various cultural organizations have expressed their concern about a Possible regulation that would allow the large Tech Corporations retroactively remedy the use of copyrighted works without the due authorization and compensation to the legitimate rights holders.

The Future of AI and the protection of rights Signature they are not exclusive concepts, but two forces which, if well harmonized, can drive a Ethical technological development.

The debate on the inteligencia artificial y los Copyright is still open and requires a Clear and Equitable Regulation. It is essential that AI tools respect the rights of authors and, therefore, that the works with which they feed or train such tools require the author's due authorization.

The legislative power has the difficult task of weighing between the Boosting AI and Copyright, which necessarily requires a dialogue with all the actors involved. The Future of AI and Copyright Protection they are not exclusive concepts, but two forces which, if well harmonized, can drive a Ethical technological development that it will be able to expand human creativity without discouraging it. The road will not be easy, but dialogue and collaboration will be the key to building a legal framework that benefits everyone.