While voices such as Jack Dorsey and Elon Musk propose doing away with copyright laws altogether, legal experts agree that radical changes are not needed... yet. Raúl Rubio (Pérez-Llorca) and David Gómez (Baylos) advocate a calm analysis to adjust incentives, authorship and transparency, and point out the obsolescence of the 1996 Law. David Fuentes (Bird & Bird) adds that it would be advisable to coordinate the transposition of the 2019 European directive with future AI rules.
Cristina Villasante (partner of Intellectual, Industrial Property and Audiovisual Law at ECIJA) argues that, if it is necessary to reform laws due to new technologies, the system is failing: the regulation should be robust, flexible and technologically neutral to avoid constant reforms. Although he acknowledges that AI use cases require a review of copyright protection, he insists on preserving the primacy of human creation - even if it employs AI tools - and proposes studying a model similar to that of the US, where the Copyright Office published guidelines for works with AI-generated content in March 2023. Villasante concludes that before changing the law, it is essential to listen to all interested parties and guarantee legal certainty without slowing down innovation.
