August 12, 2020

Experts debate at ARCO how artificial intelligence impacts art

Madrid, Feb. 26 (EFE) .- Artists, lawyers, jurists and MEPs discussed this Wednesday at the II Forum Impulsa Europa the impact of artificial intelligence in the world of art, if it can replace the artist as creator, as well as the impact on copyright and legal responsibilities.

The artists, the painter Secundino Hernández and the editor and art critic David Morán, agreed that “in the end there is a human being” and that the machine “to what extent it can discern what is moral or not”, while the lawyer and Professor of Intellectual Property Javier Fernández-Lasquetty believes that “we are very far from the machine having total autonomy and being able to make decisions.

Julio Laporta, director of communication of the EUIPO said that it is time to change the legislation to accommodate new formats, and MEP Iban García del Blanco must create a regulatory framework that “gives confidence to society as a whole.”

This second debate of the Impulsa Europa Forum, which is coordinated and organized by the three Spanish public media (TVE, National Radio and the EFE Agency), was dedicated to the ARCO international fair, to art and the impact that artificial intelligence can have .

According to the painter Secundino Hernández, one of the Spanish artists with the greatest international projection, who says he uses natural materials in his artistic creation, said that “creation cannot be at odds with artificial intelligence,” which can complement “the needs of the creator “,

The critic David Morán believes that at no time “can we miss the execution, the intention” and that a robot “can contribute images, but the intentionality when deploying the work of art … it is difficult for artificial intelligence to from the original point and soak up the environment. “

“The human being is able to make decisions with very little data, in front of a painting he does not need the history of art. He has intuition and a much more sophisticated intelligence that is processing and making decisions as the work of art evolves,” he said. .

“In any case – according to Secundino Hernández – the artist can take advantage of artificial intelligence to solve more mechanical issues, such as gearing colors, while the artist can devote himself to other matters: the final decision will always be of the artist.”


Julio Laporta, from the EUIPO (EU Intellectual Property Office) believes that in the face of the development of artificial intelligence, a system that has worked very well must be adapted: the international intellectual property system.

“It needs to adapt, adjust,” Laporta said. “For example, we have changed our legislation in EUIPO to allow brands that are multimedia, sounds, moving images, holograms. At the copyright level it is necessary to propose an evolution to protect these new creations.”

“The copyright is there to guarantee that who makes a creative effort has a compensation. If in the abstract you have to compensate a machine for creating, it depends on the effort, but today the law does not allow it because it only recognizes it in human beings” said Laporta.

“With the laws we have, zero human intervention, zero protection,” he said.


The lawyer and professor Javier Fernández-Lasquetty, from the Elzaburu law firm, said in the debate that intellectual property is intended for people, for authors, although later it has been extended to non-authors, such as producers, “who have been acquiring certain rights. “

Fernández-Lasquetty did say that it is time to “adapt what we have to the new situation.”

“The machines do more and more things, but not so many. What distinguishes the genius of the machine is creative genius: there will never be a machine like Goya or Velázquez. Although artistic creation sometimes relies on previous works, genius Creative is what we understand that the machine will never be able to achieve, “said Fernández-Lasquetty.


Socialist MEP Iban García del Blanco, vice president of the Committee on Legal Affairs of the European Parliament, said that with Artificial Intelligence “an opportunity arises” and believes that the EU can lead a process that has to accompany “our principles as civilization, related to the Enlightenment and human rights, non-discrimination, gender perspective … in all that we have to be different. “

According to the MEP, beyond the world of art, artificial intelligence is a “revolutionary change that has been unparalleled since the industrial revolution.”

“All progress produces risks, but as in any regulatory aspect, citizens have to be confident that our technological developments, those of the EU, and those that are imported, have to be governed from a democratic perspective,” he said.

But according to the MEP, nor can develop norms that hinder the process and become obsolete in a short time.

“We cannot imagine the progress that can be made in one or two years. Our framework has to be flexible enough so that it does not become obsolete right away. But there has to be a supervision of a regulator and standards that developers have to meet.” he warned.

The MEP said that the Legal Affairs Committee has to present before the end of March a draft legislative project on artificial intelligence, which will involve a dialogue process to “test needs and risks”, harmonize development and control, regulation and development , “join wills and take into account waves of reflection documents”.

In short, “generate an environment of trust and that society feels complicit in this evolution,” he said.


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