Neurotecnología e Inteligencia Artificial: Fronteras legales y de gobernanza

126 Neurotecnología e Inteligencia Artificial: Fronteras legales y de gobernanza Moreover, if art experiences can be decoded in the brain, they can also be internally simulated, creating “art without art.” Direct neural stimulation could induce aesthetic experiences without external stimuli. Additionally, gAI may reinforce specific neural pathways associated with productive creativity, thereby enhancing the user’s cognitive capacity for original thought. As a result, the boundaries between artist, tool, and audience blur, heralding a profound trans- formation of how we define and experience creative expression in the age of gAI and neurotechnology. KEYWORDS: Neurotechnology; gAI; Brain Computer Interface; copyright law; art 1. INTRODUCTION Generative artificial intelligence (gAI) is transforming how art is created, calling into question foundational principles of intellectual property (IP) law in general and co- pyright law in particular. As AI systems become capable of producing sophisticated artwork with minimal human input, the traditional conception of the author, a hu- man exercising skill and labour to produce original expression, is being upended. This shift is further amplified by advances in neurotechnology: emerging brain-computer interfaces (BCIs), which can decode a person’s neural activity into images or text, essentially allowing creative thoughts to be translated into tangible works without the need of skilful mediation. Dado et al. (2022) at Radboud University demonstrated the first non-invasive decoding of brain activity into images using fMRI and Genera- tive Adversarial Networks (GANs), which enables creators to “think” visual concepts into existence. If a painting can be generated directly from a person’s imagination by a gAI, who, if anyone, is the author in the eyes of the law? How should copyri- ght’s originality and authorship requirements adapt when creativity becomes, in effect, effortless? Since the convergence of BCI and gAI can decode imaginative thoughts and translate them into “art,” the encoding of an art experience directly by internally stimulating parts of the brain is also possible without stimulating the external human senses. Duchamp, Warhol and Hirst have taught us that art and skills can be decoupled. This article also deals with the possibility of external stimuli of the senses that are decoupled from the art experience, and the protection of these internal stimuli of the relevant brain regions via IP.