Neurotecnología e Inteligencia Artificial: Fronteras legales y de gobernanza

C apítulo 7 THE ENTANGLEMENT OF BCI, gAI, ART and IP Danny FRIEDMANN Associate Professor Peking University School of Transnational Law, Shenzhen, China CHEN Jun Researcher Culture & Tech, Doctoral candidate of The Chinese University of Hong Kong ABSTRACT: Generative artificial intelligence (gAI) is reshaping creativity by minimizing the need for traditional artistic skills. As gAI evolves from prompt-based systems to autonomous generators that learn user preferences through interaction, human input may steadily decline. Simultaneously, advances in brain-computer in- terfaces (BCIs), making use of EEG and fMRI, suggest a future where AI could decode and express a person’s thoughts into media, even before conscious awareness. Neuroscientific findings, notably by Libet et al. (1983), indicate that decision-related brain activity precedes conscious thought, opening the possibility for gAI to externa- lize creativity instantaneously. As neurotechnology progresses, creative ideas might bypass labour-intensive methods, allowing users to express their imagination directly through gAI systems. This convergence could redefine creativity and authorship. Where effort and skill are no longer prerequisites, imagination and originality may become the primary markers of authorship. Creative outputs would reflect the user’s personality and idiosyncratic thought patterns, with AI evaluating the originality of such expressions based on the individual’s exposure to prior content. This challenges traditional no- tions of authorship and copyright eligibility.