Singin’ in the RAM: Neighboring Rights in the Era of Hybrid Artists and Synthetic Producers

Abstract

This article analyzes the disruptive impact of generative artificial intelligence (GAI) on the rights of performers and producers within the phonographic and audiovisual sectors. Using the transition from silent to sound film as a metaphor, the text explores how current technology is shifting the creative process toward systems capable of emulating human voice, image, and performance in an almost indistinguishable manner.

The study is structured around two main pillars. First, it addresses the figure of the “hybrid artist,” examining conflicts arising from the unauthorized use of images and voices for training AI models (input phase) and the creation of digital clones or deepfakes. It debates whether these processes constitute an infringement of the performer's right of reproduction or if they can be covered by exceptions such as text and data mining (TDM) under the European legal framework. Likewise, it highlights the growing importance of personal data protection and personality rights against the commodification of biometric identity.

Secondly, the article analyzes the emergence of the “synthetic producer,” questioning traditional concepts linked to the figures of phonogram and audiovisual recording producers. The article concludes with a reflection on recent European Union proposals, emphasizing the need to guarantee “creative sovereignty” that protects cultural diversity against purely extractive business models.