The CGT and Arte Es Ética unions strongly oppose a proposed Spanish decree that would permit collective licensing for training generative AI on copyrighted works without the explicit consent of artists. They argue that this legislation effectively expropriates intellectual property rights, violating international human rights standards and undermining the social contract. By shifting from an “opt-out” to a permissive licensing model, the government legitimizes the unauthorized use of creative works, prioritizing the interests of technology companies over the legal and ethical rights of creators. This approach is fundamentally flawed because generative AI models often learn from data in ways that cannot be “unlearned,” rendering removal requests ineffective once training has occurred. The unions emphasize that artists must retain the right to opt in, ensuring their work is used only with prior, explicit permission. Without this safeguard, authors lose control over their intellectual property, while technology companies benefit from mass data extraction that frequently includes sensitive or illegal content, exposing artists to significant legal and ethical risks. The proposal is critically relevant to the open data and open culture movements because it highlights the tension between technological innovation and fundamental rights. It serves as a warning that legislative frameworks favoring unchecked data access can undermine the sustainability of creative ecosystems. By protecting artists’ rights, society ensures that data usage respects human dignity and labor, preventing the precarization of cultural workers and preserving the integrity of intellectual property in the age of artificial intelligence.
Source: tercerainformacion.esPublished on 2024-12-12
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