Published on January 20, 2024, 10:35 am

The French National Assembly’s commission has proposed changes to the EU Copyright Directive in order to address the impact of generative AI. In a recent opinion, the committee recommended amendments that would account for generative AI and also suggested regular reviews of EU AI law.

This opinion comes nearly four years after the last AI-related opinion was published. The EU Copyright Directive was put into effect in 2019, prior to the release of OpenAI’s ChatGPT. Since then, there have been ongoing debates and legal battles concerning training data and copyright issues, including a recent lawsuit filed by the New York Times against OpenAI.

One of the key considerations highlighted by Mireille Clapot, MEP and president of the CNSP, is determining how to identify original works by artists and how to attribute works generated by AI intermediaries. Additionally, questions around remuneration for authors whose works are used by generative AI and managing opt-outs for artists who do not wish their content to be utilized need to be addressed.

The French Commission acknowledges some existing safeguards such as transparency clauses and compliance with the EU Copyright Directive; however, it believes that revisions to the directive should be made in order to encompass the legal implications of generative AI on intellectual and industrial property.

The opinion also suggests that the Ministry of Culture should become part of France’s national AI coordination group in order to incorporate copyright aspects into the national AI strategy. At an international level, they recommend leveraging France’s diplomatic influence to establish an international treaty on AI similar to the United Nations Convention on the Law of the Sea. They further propose introducing clawback clauses for publicly funded AI startups and facilitating early-stage funding opportunities for these startups to instill confidence among investors.

These proposed changes are important steps towards updating legislation to accommodate advancements in generative AI while protecting intellectual property rights. By considering these recommendations, it is hoped that the EU can stay at the forefront of regulating AI technology responsibly and ethically.


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