AI and copyright: making innovation an engine of creation
The future regulation on artificial intelligence (AI Act) is entering its final phase of negotiation. In Brussels, the three institutions (European Parliament, Council of the EU and European Commission) intend to finalize negotiations on December 6. The European Commission’s underlying risk-based approach is sound and correct. Only the use of AI in the so-called high-risk area should be subject to strict requirements to ensure that AI systems are safe and trustworthy. This is a regulation that deals with the safety of products and their placing on the European market. Over and above all the points of concern raised by the text itself (broad definition of AI systems and excessive obligations on general-purpose AI systems and foundation models), we as industry players are concerned by the latest developments in the draft concerning copyright: in our view, this regulation is not a relevant legislative vehicle for grasping the links between artificial intelligence and copyright. The interweaving of AI and copyright is a complex subject, with legal, economic and even societal implications. It calls for in-depth expert debate between all the players involved: copyright owners, AI researchers and professionals, the general public, and so on.
Study impacts before regulating
We often regret that regulations, whether passed in Paris or Brussels, are not subject to sufficient prior impact studies. This is more true than ever for AI and copyright: let’s assess the impact before rushing into regulation. The latest copyright directive, passed in 2019 and transposed into French law in 2021, rightly reformed our law to take account of technological developments, including algorithmic entrainment, by enshrining a right of opposition for rights holders. Recent events, marked by the exercise of this right by numerous players, demonstrate the effectiveness of the existing framework. Let the law take effect. Innovation and culture, two cornerstones of our European model of progress, deserve better than a last-minute agreement reached in Brussels.
The risks of an "AI Copyright Act
The consequences of a rushed, flawed regulation will be severe for innovation in Europe: our AI SMEs and startups need a stable, protective regulatory framework, and risk being the first victims. The entire development of AI on the continent is thus likely to be impacted, at a time when the global technology race is in full swing, and when France and the President of the Republic are displaying promising ambitions in this field and working towards the emergence of world-class European AI players.
Bringing innovation and culture together
It would be wrong and dangerous to reduce this debate to an old-fashioned “culture versus technology” opposition, which is of little use to the debate: today, no one can deny that the protection of creation and the rights of cultural players is an essential foundation of our cultural model. In reality, the relationship between creation and AI is more nuanced than it seems: as we can see all over the world, AIs, particularly generative AIs, are already bringing promising innovations to the creative professions. We, the digital industry, call on the world of culture, public authorities and artificial intelligence players to work together on this debate and build a consensus. Such work cannot seriously be done in a matter of days, with the sole aim of reaching a political agreement on the AI regulation in Brussels before the end of the year. We have no prejudices or opposition in principle, and our sole objective is the adoption of a robust and balanced regulation. The relationship between creation and AI is symbiotic. Generative AI is already amplifying the creativity of artists and the creative professions, far more than it threatens them. At Numeum, we base our action on AI around three objectives: understanding, supporting and protecting. Let’s work together tomorrow to build a coherent and protective French position. We will take part in this debate, but it has no place in the “AI Act”.
