It is impossible to deny that artificial intelligence is already a reality. But, before its arrival, a good part of culture has locked itself in a bunker of rejection, as if facing a thief. In fact, he precisely accuses him of wanting to steal thousands of jobs and having works protected by copyright. Now, the Ministry of Labor and Social Economy wants to half-open the door to its access to the artistic sector, although only on the condition of shielding creators: the use of generative AI – that capable of creating new content – in cultural production, development and promotion will be allowed only when it is explicit in the contracts, is limited to the work in question, does not replace the work of artists and technicians and only affects non-substantial modifications. Any other assumption will be prohibited, unless it has the consensus of those affected and compensates them.
Labor boasts that the text, which updates a 1985 regulation, will be a pioneer in addressing generative AI and protecting creators, and highlights the consensus that surrounds it, after extensive negotiation with the sectors involved. At the same time, the same sources recognize the headaches that the pact on Article 13, which touches on these issues, has caused – and possibly continues to cause. The intention is that AI cannot be used at all, for example, to reproduce the image of an actor or the voice of a dubber in another subsequent film, or to feed the script of a series for more seasons. Although the complete casuistry will depend on what is considered a substantial modification or not.
This is stated publicly by the department directed by Yolanda Díaz to adapt labor relations in the artistic field to the digital age. Ministry sources are confident that it could become a reality before the summer, or just after, although it has been a few months since.
It was also difficult, according to Labor sources, to reach social media or advertising by minors, another key point already known about the proposal. Work proposes that it can only be influencer o youtuber under 16 years of age through an employment relationship: as employees, with a company involved, that takes responsibility and guarantees respect for limits such as schedules or protection of the school period. The conditions will be identical for all of Spain, to prevent a production company from going to an Autonomous Community with more lax restrictions. In short, it is intended to be a very exceptional case, within the prohibition of child labor established by Spanish law. In no case may children under two months appear. The Labor inspection will be in charge of ensuring that all this is complied with, although the possible sanctions are still unknown.
For the rest, the royal decree confirms or reinforces less controversial measures, which had already been announced in 2025. First of all, it introduces the obligation to tell ―film, series, play, opera…― that contains sexual or intimate sequences. This professional figure must mediate and ensure that all parties are comfortable, consent and that abuse does not occur. And even more so if there is a minor in the intimate scene – sexual activities in those age groups are prohibited.
In the same area, it is established that the protocols against possible violence be adapted to such an intermittent sector: “speed” will be required in the actions, to prevent them from being resolved when the project has already ended, or the production company has dissolved. Finally, the royal decree wants activities such as rehearsals or promotion to be recognized within the working day of an artist or technician. And copyright payments must be explicitly reflected in the payroll.
Work culminates in this way, when – and if – the royal decree goes ahead, the measures that correspond to the Statute of the Artist. On the contrary, the stopwatch continues, just like the Era 2018 list when Congress unanimously approved a report that contained 75 points and about 60 specific measures. Since then, many have come into force: the compatibility between receiving the pension and income from artistic activities of any type; ; or a new
From that document, however, discounts and deductions in VAT and personal income tax are still missing; a hyper-reduced self-employment quota, which takes into account the intermittency of cultural work, or the recognition of specific occupational illnesses,
So the negotiation continues, especially with the Ministry of Inclusion, Social Security and Migration. Meanwhile, eight years and two governments have passed. Time keeps moving forward. AI, too. Until the law says otherwise.
