Culture prepares a best practices guide on the use of artificial intelligence

Feb 20, 2024 | Current affairs, Featured, Revista Lloseta, Thursday Daily Bulletin, Tradition

Given the progressive increase in the use of artificial intelligence in creative processes, the Ministry of Culture has taken a step forward in the protection of the rights of creators in the cultural field.

TDB keeps you informed. Follow us on FacebookTwitter and Instagram

Culture prepares a best practices guide on the use of artificial intelligence

Thus, it has drawn up a guide of good practices to be included in its procedures and to guarantee respect for intellectual property rights holders in the actions promoted by the different ministerial units and entities. Technologies such as artificial intelligence should serve to offer new languages and tools both to creators for their artistic expression and to the rest of the people working in the cultural sector, as an instrument for the development and digitalization of processes, but without undermining the impulse, promotion and protection that the sector requires.

The recommendations drawn up by the Ministry of Culture focus on three areas: the contracting of creative services and activities, National Awards and subsidies.

For the contracting of services and activities that require creative performance, the use of professionals in artistic creation and works protected by intellectual property rights will be chosen. In these cases, artificial intelligence systems may be used as support tools in their creative processes, but not as a substitute for human performance.

In addition, in those contracts or orders for activities or services in which the incorporation of artificial intelligence techniques is possible, an express clause must be included stating that the supplier must inform of the use of this type of technology. It will also have to detail the level of intervention and, if applicable, the review role of the natural persons developing the project. In any case, the artificial intelligence models used must guarantee respect for intellectual property rights, as well as transparency in the ‘dataset’ and compliance with the rest of the obligations imposed by the regulations governing artificial intelligence.

Within the scope of the National Awards of the Ministry of Culture, the inclusion of a clause in the calls for entries will be promoted so that works created entirely and exclusively by generative artificial intelligence cannot be awarded prizes.

A clause in the calls for subsidies
Regarding grants, the recommendations focus on the administrative procedures for nominative and direct subsidies, competitive grants or transfers to other entities, in which artificial intelligence models may be used for the development of the activity or object eligible for subsidy.

To this end, the calls for proposals will promote the inclusion of a clause stating that the beneficiary projects and activities, especially those that include artificial intelligence, must guarantee maximum respect for the regulations governing artificial intelligence and intellectual property.

This guide of good practices regarding the use of artificial intelligence is one of the various measures that the Ministry of Culture will implement to ensure that this technology is used as a tool to facilitate and improve the work of creators and other people working in the cultural sector, while protecting their interests.