AI in audiovisual production: opportunities and challenges

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

The use of tools artificial intelligence (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 like OpenAI (ChatGPT), Google, Microsoft and, more recently, DeepSeek They have been integrated into various daily processes, opening a range of new possibilities.

The audiovisual sector has not been immune to this. Artificial intelligence tools are often used in CGI systems (Computer-Generated Imagery) y 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 production to guarantee the originality and the 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 chainand wrotechos and 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 your projects. The most important thing:

1. Intellectual property rights in previous materials (Inputs)

- You must have the corresponding license o ensure that the inputs used in the AI tool (e.g. preview images) are free of rights author.
- If the inputs include personal or third party photographs, you must have the express authorization of the owners for its transformation and use, which must be duly documented.

2. Rights over the generated materials (outputs)

- The AI tool used must guarantee the assignment of all rights over the material (output) generated, nor reserve the right to train said tool with these outputs.
- The right to use or use the inputs provided (such as images, descriptions or any other data) for any other purpose should not be reserved.

Regulation of licenses for generative AI

Recently, the Ministry of Culture of Spain has made 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 aim to address the challenges posed by generative AI and protect the authors' rights.

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

The IA poses legal challenges still unresolved, especially regarding the use of works protected by copyright in it training of these tools. In this context, various cultural organizations have expressed their concern about a possible regulation that would allow the large technology corporations retroactively remedy the use of works protected by copyright without the due authorization and compensation to legitimate rights holders.

He future of AI and the protection of rights by author They are not exclusive concepts., but two forces that, well harmonized, can drive a ethical technological development.

The debate about the artificial intelligence and the copyright remains open and requires a clear and equitable regulation. It is essential that AI tools respect the rights of authors and, therefore, that works with which they feed or train these tools require the proper authorization of their author.

He legislative power has the difficult task of weighing between the boost to 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 that, well harmonized, can drive a ethical technological development that 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 build a legal framework that benefits everyone.