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opinion

Art, technology and law

Blockchain technology, a challenge that raises ethical and legal challenges

Art, technology and law

Art and technology have always been closely related throughout history, but with disruptive technologies this relationship has become even closer.

For example, disruptive technologies such as artificial intelligence (AI) are being used to help creatives connect their work with audiences more efficiently, virtual and augmented reality enhance the experience of visiting a museum, and technology blockchain allows to store cryptoart (NFTs).

And for the lawyers who are dedicated to this specialty of art law, this represents a real challenge in the legal aspect.

It is true that AI is helping lawyers do more accurate and faster legal research as well as making predictions. However, AI also poses challenges, as using it in decision-making can raise ethical and legal issues if it is based on bias.

On the other hand, blockchain technology helps us to create smart contracts that are automatically executed when certain conditions are met, and this undoubtedly simplifies and speeds up legal processes, such as the transfer of ownership of a work of art. art. But at the same time it should be noted that these smart contracts are irreversible once they are executed, which means that you have to be very careful when drafting them and make sure that the terms are clear and fair.

And to these legal challenges we must add that we do not have a regulation in accordance with the new times, nor is it expected that we will have one in the short term. Without going any further, last June 14 the European Parliament approved the initial proposal for an artificial intelligence regulation, the direct application of which, if finally approved at the end of 2023 or the beginning of 2024, it would materialize two years later.

So it's time for legal creativity in the application and resolution of the problems that arise in the combination of art and technology to give the best possible legal solution to the combination of art, technology and law.

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