(Original article published on Big Data Magazine)
One of the major tech news stories of 2024 was the European implementation of the renowned AI Act. This regulation aims to balance technological progress with the protection of fundamental rights, presenting both opportunities and challenges for developers, businesses, and citizens. Despite this regulation, there are still many questions surrounding the use of AI in the business environment. At Metricson, the leading boutique law firm specializing in startups and tech companies, the legal and ethical challenges associated with this ever-evolving technology are being analyzed.
“Artificial intelligence is transforming the way companies create and use content, but it is also raising key questions about authorship, regulatory compliance, and associated risks,” says Estefanía Asensio, a lawyer specializing in intellectual and industrial property, online reputation, and artificial intelligence. She adds, “The legal framework is extensive and complex, and understanding its implications is essential for any company that wants to leverage this technology without exposing itself to infringements that could lead to sanctions.”
Authorship in the Age of AI: An Open Question
One of the main uncertainties is the attribution of authorship for AI-generated works. According to Metricson, this depends on whether:
- The AI created the work autonomously, without significant human intervention.
- The AI was used as a tool to assist in the creation by a natural person.
Asensio explains that in the case of autonomously generated works, “current legislation, such as Article 5 of the TRLPI, assigns authorship exclusively to natural persons (and legal entities in specific cases defined by law). This raises certain legal questions when no human author can be identified, since under our regulations, AI cannot be considered a rights-bearing entity.”
At one point, organizations such as Brunel Law School and the Brunel Centre for AI argued that “AI is not truly autonomous, as it depends on data and configurations provided by humans.” However, this debate has faded, as there are now multiple examples of AI being able to autonomously create inventions. Consequently, for a work to be protected by copyright, there must be significant human intervention, as well as compliance with the requirements set forth by the TRLPI.
Responsible Use and Legal Boundaries
At Metricson, we emphasize the need to comply with existing regulations when using AI, especially in sensitive areas such as copyright, data protection, and fundamental rights. Estefanía Asensio highlights that “users must avoid using AI systems to generate content that infringes on third-party rights, such as image rights, defamatory material, or hate speech.” She further stresses that “in any case, its use must ensure that the data used complies with applicable regulations, such as the GDPR.”
About Metricson
With offices in Barcelona, Madrid, and Valencia and a strong international presence, Metricson is a pioneering law firm in legal services for innovative and technology-driven companies. Since its founding in 2009, it has advised more than 1,400 clients from 15 different countries, including startups, investors, large corporations, universities, institutions, and governments.
If you’d like to get in touch with us, feel free to email us at contacto@metricson.com. We’d love to hear from you!