{"id":123000,"date":"2024-11-19T22:14:18","date_gmt":"2024-11-19T21:14:18","guid":{"rendered":"https:\/\/ceadigilaw.org\/blog\/l-espagne-pose-un-jalon-mondial-la-nouvelle-ere-du-droit-d-auteur-face-a-l\/"},"modified":"2024-11-19T22:14:18","modified_gmt":"2024-11-19T21:14:18","slug":"l-espagne-pose-un-jalon-mondial-la-nouvelle-ere-du-droit-d-auteur-face-a-l","status":"publish","type":"post","link":"https:\/\/ceadigilaw.org\/fr\/blog\/l-espagne-pose-un-jalon-mondial-la-nouvelle-ere-du-droit-d-auteur-face-a-l\/","title":{"rendered":"Spain sets a global milestone: a new era for copyright in artificial intelligence"},"content":{"rendered":"
\n

Antonio Tejeda Encinas, CEO of Meta Channel Corporation and President of the Euro-American Committee of Digital Law - CEA Digital Law<\/em><\/p>\n

In plain terms<\/h3>\n

Imagine a gigantic library, full of books, songs, drawings and films created by people all over the world. Now imagine that we want to use that library so that intelligent machines, such as artificial intelligence systems, can learn from all that content. Thanks to that learning, these machines could help us solve complex problems or even create new things. But there is an important catch: those works have owners, and they cannot be used without their permission because they are protected by copyright.<\/p>\n

Spain has decided to tackle this issue with an innovative solution: a legal framework that allows those machines to use the content of that great \u2018library\u2019, but under clear rules. The framework respects creators\u2019 rights and guarantees that those who do not wish to take part can say so. This approach, unique in the world, opens the door to a model that could inspire other countries in handling this crucial intersection between technology and creative rights.<\/p>\n

Conceptual basis: Spain sets a global milestone<\/h3>\n

Spain has taken a bold step, placing itself at the forefront of international artificial intelligence regulation with the \u2018Proyecto de Real Decreto\u2019 (draft Royal Decree) regulating extended collective licences (ECL). This legislative instrument, approved for urgent administrative processing on 9 July 2024, responds to the growing need for a legal framework that allows AI to develop while respecting intellectual property rights. This milestone not only makes Spain a leader at the intersection of technology and regulation but also opens a global debate on how to balance innovation and creative rights.<\/p>\n

AI depends on massive access to data to train its models, a process known as text and data mining (TDM). Much of this data is protected by copyright, which creates a natural tension between technological progress and the protection of creators\u2019 rights. Until now, there had been no comprehensive solution to this problem. With this Royal Decree, Spain is proposing a pioneering model that balances both interests, positioning itself as a global benchmark.<\/p>\n

At the heart of the regulation are extended collective licences, a model that allows collective management organisations to license the use of works not only by their members but also by non-member rightholders, provided that the latter can exercise a right of exclusion (\u2018opt-out\u2019). This mechanism strengthens creators\u2019 autonomy and ensures that their wishes are respected.<\/p>\n

The Royal Decree also includes strict transparency and oversight measures. Collective management organisations will have to operate under clear mechanisms regulated by the competent authorities, so as to ensure fair management for both rightholders and users of the works. Initially, its scope is focused on text and data mining for AI, but it could in future be extended to sectors such as broadcasting, libraries and education.<\/p>\n

Challenges and obstacles to overcome<\/h3>\n

Despite its strengths, the regulation faces significant challenges that must be addressed if it is to succeed.<\/p>\n

The right of exclusion, although essential, raises questions about how it will work in practice. Procedures must be clear, accessible and effective for all rightholders, including those unfamiliar with collective management organisations. If this is not handled properly, some creators risk seeing their rights infringed.<\/p>\n

Another challenge lies in the position of non-member rightholders. Although they fall within the scope of the collective licences, there must be robust mechanisms to guarantee fair and proportionate compensation for the use of their works.<\/p>\n

Nor can the impact on small and medium-sized enterprises (SMEs) be ignored. Implementing the regulation may generate significant administrative and operating costs, which could discourage innovation by smaller companies and favour large corporations that already have substantial resources.<\/p>\n

Spain\u2019s potential as a global leader<\/h3>\n

Despite the challenges, the benefits of this Royal Decree are undeniable. First, it provides a clear legal framework that reduces legal uncertainty for technology companies and encourages investment in AI. It also strengthens Spain\u2019s position as a leader in the regulation of emerging technologies, consolidating its influence in Europe and internationally.<\/p>\n

From a legal perspective, the regulation is aligned with Directive (EU) 2019\/790 of the European Parliament and of the Council on copyright and related rights in the Digital Single Market. Its harmonisation with the EU regulatory framework not only ensures consistency but also makes Spain a model for other countries to follow.<\/p>\n

Beyond Spain\u2019s borders, the Royal Decree could become a global reference point, showing that it is possible to balance respect for copyright with technological progress. Successful implementation would set a precedent that could be replicated in other countries facing similar problems.<\/p>\n

A global opportunity with local challenges<\/h3>\n

The draft Royal Decree on extended collective licences is not only a milestone for Spain but also the starting point of a new era in the relationship between technology and intellectual property rights. Although challenges remain \u2013 such as clear procedures, protection for non-member rightholders and accessibility for SMEs \u2013 this initiative has already put Spain on the map as a global benchmark.<\/p>\n

Spain has shown that technological innovation and respect for copyright are not opposites but can coexist within a balanced regulatory framework. The challenge now is to implement the regulation successfully, so that it becomes a fair, inclusive and workable model that inspires other nations.<\/p>\n

The path ahead is promising, and Spain has a unique opportunity to lead this global change in a field as crucial as artificial intelligence and intellectual property rights. This Royal Decree not only marks a step forward in AI governance but also underlines the country\u2019s commitment to the future.<\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

Antonio Tejeda Encinas, CEO of Meta Channel Corporation and President of the Euro-American Committee of Digital Law - CEA Digital Law In plain terms Imagine a gigantic library, full of books, songs, drawings and films created by people all over the world. Now imagine that we want to use that library so that intelligent machines, […]<\/p>\n","protected":false},"author":2,"featured_media":112803,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"wds_primary_category":0,"wds_primary_cea_women":0,"footnotes":""},"categories":[1125],"tags":[],"cea_women":[],"class_list":["post-123000","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-inteligencia-artificial-fr"],"acf":[],"_links":{"self":[{"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/posts\/123000","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/comments?post=123000"}],"version-history":[{"count":0,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/posts\/123000\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/media\/112803"}],"wp:attachment":[{"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/media?parent=123000"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/categories?post=123000"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/tags?post=123000"},{"taxonomy":"cea_women","embeddable":true,"href":"https:\/\/ceadigilaw.org\/fr\/wp-json\/wp\/v2\/cea_women?post=123000"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}