The Council of Ministers approved the Artist Statute in July, a decree negotiated for months with the cultural sector that introduces significant innovations: paid rehearsals and promotion periods, more transparent payrolls, intimacy coordinators, strict regulation of the participation of minors… These elements are already being applied, but one provision was left out because, according to the Council of State, it requires legislative modification: the regulation of the use of artificial intelligence (AI) in culture and its labor derivatives. The Ministry of Labor has announced that this Thursday the draft bill that aims to establish these rules will be released for public consultation. The ministry trusts that it will receive the support of Parliament before the dissolution of the Cortes because the regulation was agreed upon by the majority of the cultural sector.
Originally, the regulation of the use of AI in culture and its labor application was article 13 of the decree. It proposed limiting the use of generative artificial intelligence to “generate digital replicas or new content recognizable outside the object of the contract and the work or works for which it was made unless there is an express and paid agreement between the parties.” In other words, if such reuse occurred, it must always be contractually agreed upon and duly compensated.
The regulation also proposed that “through collective agreement, additional guarantees of the rights and freedoms related to the processing of personal data of workers and the safeguarding of their digital rights may be established.”
During the processing of the regulation, the Council of State considered that this section invaded legislative rank, so it could not be approved by decree and now Labor wants to approve it through a draft bill.
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Although it already has other projects pending development in Congress, such as the Intern Statute or the strengthening of occupational risk prevention, Yolanda Díaz’s department trusts that it will be able to push it forward in the remainder of the legislature. Furthermore, it considers that it can gather majority support since, unlike the reduction of working hours, the majority of the sector supports the regulation.
In the prior consultation process, Labor emphasizes that it is necessary “to provide certainty and legal security in its use and to ensure an adequate level of protection for workers regarding the use of AI within the framework of the artistic employment contract.”
Other labor projects agreed with the unions and pending development include the strengthening of time registration, which Economy and Labor have promised to approve before the end of September, or the extension of bereavement leave to ten days, which the ministry intends to approve as a royal decree-law.
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