The European Parliament calls for clear rules on the use of copyrighted works when training AI systems, as well as an obligation for providers and users of such systems to comply with the applicable legal framework.
“Generative AI (GenAI) must not operate outside the rule of law,” says MEP Axel Voss, lead rapporteur of the Report.
In particular, proposals are included for further legal coverage of creators with protection and/or remuneration rights over their works in cases where they are involved with GenAI.
Among others, the following were proposed:
- Application of European copyright legislation to AI service companies based either inside or outside the EU.
- Right of creators to opt-out of the use of their works for training AI tools.
- Obligation of transparency regarding training data of AI tools and legal consequences in case of violation of the terms.
- Recognition of model training (in-put) as a new form of exploitation of intellectual works and establishment of fair remuneration for it.
- Exemption from copyright protection of works characterized as 100% generated by AI. This includes the proposal for mandatory labeling of such content.
- Strengthening collective licensing system.
Among the threats to creators is that of unfair competition that dominates the output market, since human creations are directly compared to artistic products of AI and are judged “on equal terms”. In reality, however, the product produced by AI is not neutral in nature, but is a patchwork of other human intellectual creations that were exploited, either with or without the required consent of the creator.
To cover this “gap”, the Report also proposes the presumption of use, which provides that, in the event that the transparency obligations are not respected by the AI provider, the rebuttable presumption is activated. According to this, the burden of proof for the non-use of the protected work in question lies with the provider and he is called upon to prove it in order to avoid the corresponding legal consequences.
This is a crucial Report that will also be a key lever of pressure for the European Commission. Intellectual property creators are claiming their rights in the midst of the new and constantly changing conditions of AI and are demanding that the EU's executive bodies recognize the problem. After voting in favor of the Report on March 10, the EU declares its willingness to deal with it effectively.