A voice, a face or a recorded performance created for one work would not automatically become available for producing new content. That is the principle at the centre of a preliminary draft organic law presented in Spain on 17 September 2026 on the use of generative artificial intelligence in artistic work.
The proposal concerns the specific employment framework for people working in the performing arts, audiovisual production and music. It does not regulate every possible relationship between artistic creation and AI. Instead, it addresses the use of a person’s voice, image and work produced under a contract.
When AI is used for the work originally agreed, that use could include its creation, distribution and promotion. The draft would nevertheless set limits. A digital replica or new recognisable content would have to retain a significant degree of the original voice, image or performance, and could not substantially replace or remove the artist’s participation.
If the use of AI goes beyond the scope of the agreed work, such as creating additional content recognisable through the artist’s voice or face, an explicit agreement in writing would be required. The artist would also be entitled to a specific and separate payment.
Collective bargaining would have an important role in defining the uses of AI more precisely, as well as how they must be disclosed and what additional safeguards might apply in different sectors.
The proposal completes a process begun with Royal Decree 607/2026 on artistic work. Provisions on artificial intelligence were excluded from the decree after the Council of State identified the involvement of fundamental rights, including the right to one’s own image, which required legislation of a higher legal status.
The preliminary draft is not yet law. It will be subject to a public consultation and information period from 18 September to 8 October.
Its central distinction is already clear: authorising the use of an artistic performance for a particular work is not the same as giving indefinite consent to the production of new content. In the use of AI as elsewhere, the contract, the purpose of the use and the artist’s participation need to remain separate and identifiable.
