Neurotecnología e Inteligencia Artificial: Fronteras legales y de gobernanza

127 2. “EFFORTLESS” CREATIVITY gAI has ushered in a shift in creative processes. One can argue that gAI text-to-image models further enabled the democratization of artistic production, for individuals with no traditional artistic skills to create literature, paintings, music, and movies, by entering prompts and/or parameters. As a result, the generation part of art is stea- dily increasing, while the creation part of art is steadily declining (Friedmann, 2024). Artists do not need to hone their skills for many years of practice, but can create art within seconds with a craftful prompt. Initially, gAI systems depended heavily on human guidance: first writing code, then inputting detailed prompts and parameters, but they are evolving toward auto- nomy. gAI models are learning the user’s preferences through iterative interaction, tailoring outputs to match the desired style and taste with minimal explicit instruc- tion. gAI is transitioning from human-driven production of “art” 1 to AI-driven pro- duction of “art,” where the human’s role may soon be primarily that of curator or concept provider, and the gAI handles the realization of the work. Roland Barthes (1977) has argued that the author and skilled artist has passed away, while others have argued that their death have been wildly exaggerated. In the early 20th century, artists like Marcel Duchamp and Andy Warhol tried to demons- trate that art was not dependent on virtuoso skills. Duchamp’s “Fountain,” 2 a signed urinal, and Warhol’s factory-like silkscreens (starting in 1962) showed that concept and context could trump technical skill in defining art. In case of gAI, one can argue that at least the conceptual spark still originates from a human mind, even though the execution is outsourced to the gAI model. Similar to the execution role that a camera plays in photography art creation, photo- graphers decide the moment, angle, and also the parameters to eventually produce a picture as a piece of artwork. A gAI can produce a painting in the style of any artist, without having “learned” painting in the human sense. It has ingested the patterns of that particular artist’s body of work and can algorithmically mimic him/her. This challenges us to reconsider what originality and creativity mean. Is the gAI merely a sophisticated tool wielded by the human who conceived the idea, or is the gAI itself contributing creative choices? Bender et al. (2021) argued that gAI is fundamentally derivative, it remixes and reproduces statistical patterns from training data from the human-made works in its training data, but lacks understanding. It is thought to also lack the ex nihilo creative spark of a true author. However, one can also argue that true human ex nihilo art is only possible by those people that were never exposed to 1 We put art within quotation marks, since it raises the question whether the product can be still considered art. 2 “Fountain” is a readymade sculpture by Marcel Duchamp in 1917, consisting of a porcelain urinal signed “R. Mutt”. Tate Museum, “Fountain,” https://www.tate.org.uk/art/artworks/duchamp-fountain-t07573. The entanglement of BCI, gAI, ART and IP