A coalition of hundreds of thousands of artists and creative professionals across Europe has penned an open letter to European Commission officials, urging them to address the ethical and legal challenges posed by artificial intelligence (AI) in the cultural sector.
The letter, addressed to Executive Vice-President margrethe Vestager and Commissioner Elisa Ferreira, expresses both excitement and concern regarding the burgeoning field of AI. while acknowledging AI’s potential to revolutionize creative industries, the coalition highlights the urgent need to safeguard the rights and livelihoods of artists.
“For our members, AI represents an extraordinary technological advancement with immense potential to enhance various aspects of our lives, including in the cultural and creative sectors,” the letter states. “However, as AI is deployed more and more widely, it is also important to acknowledge a darker aspect of this technology.”
The coalition raises concerns about the training data used by generative AI models, pointing out that these models are often trained on vast amounts of copyrighted material and personal data scraped from the internet without permission or compensation for creators.
“All generative AI models in existence today have been trained in full opacity on enormous amounts of copyright-protected content and personal data, scraped and copied from the internet without any authorisation nor any remuneration for the creators we represent.”
The letter further emphasizes the threat posed by AI-generated deep fakes and manipulated content, which can damage reputations, erode trust in digital facts, and undermine democratic processes.
The coalition calls on the European Commission to ensure that the existing legal framework, including the Copyright Directive, the General Data Protection Regulation, and the AI Act, adequately addresses these challenges and protects the rights of creators in the age of AI.
The letter concludes by expressing the coalition’s willingness to collaborate with the Commission to develop policies that foster innovation while safeguarding the interests of artists and cultural professionals.
The rapid rise of generative AI technology presents both exciting opportunities and complex challenges. while these powerful tools hold immense potential for innovation, they also raise critical questions about the protection of creative works and the rights of artists. Currently, the legal framework surrounding the use of copyrighted material by generative AI models is inadequate, leaving creators vulnerable to exploitation.
“Copyright law has too often been misinterpreted, insufficiently applied, poorly enforced, or simply ignored by generative AI models,” states a joint declaration by leading European creative organizations. ”In essence, it fails to adequately protect the rights of our creative communities and the value of their cultural works.”
The declaration emphasizes the urgent need for a clear and robust legal framework that safeguards the interests of creators in the age of AI.It calls for a system that empowers authors and performers to control the use of their works by generative AI and ensures they recieve fair compensation when their creations are utilized.
The organizations highlight the shortcomings of the current EU Copyright framework, notably the 2019 exception for text and data mining (TDM). They argue that this exception, intended for research purposes, has been broadly interpreted to encompass the commercial use of copyrighted material by generative AI, undermining the rights of creators.
“Although Article 4 was adopted years before the sudden rise of generative AI technologies and does not mention or define ‘Artificial Intelligence’ and ‘Generative AI,’ the European Commission appears to have retrospectively interpreted this exception broadly and without democratic overview to cover the systematic and extensive use of creators’ protected works and performances without any authorization,” the declaration asserts.
As AI-generated content increasingly enters the market, competing directly with human creations, the need for a fair and equitable legal framework becomes even more pressing. Creators are calling on EU policymakers to prioritize the protection of their rights and ensure that the benefits of AI are shared fairly.
“We urge you to support a clearer and more efficient legal framework preserving the rights of creators and the integrity of their works,” the declaration concludes. “As representatives of the creative community in Europe, here is where we stand on this existential issue.”
The European Authors’ Society (GESAC) has issued a stark warning about the unchecked use of copyrighted material by generative AI developers. In a strongly worded statement, GESAC criticizes the current legal framework, arguing that it fails to protect the rights of creators in the face of rapidly advancing AI technology.
GESAC highlights the “text and data mining” (TDM) exception,a provision intended to balance the rights of creators and users of copyrighted material. However, the association argues that generative AI developers are exploiting this exception without proper safeguards, essentially “putting the cart before the horse” by using copyrighted works without obtaining consent from creators.
“none of our members has been able to reserve their rights efficiently, and there is still significant uncertainty regarding the opt-out and how authors and performers can exercise it. As a result, generative AI providers have put the cart before the horse by using this exception without even giving a chance to creators to provide their consent and exercise their right of reservation.”
GESAC further emphasizes the lack of clarity surrounding the use of copyrighted material by generative AI. Creators are frequently enough left in the dark about whether their works have been used, making it arduous to take legal action. This opacity, coupled with the widespread availability of generative AI systems and the rise of deepfakes, is having a detrimental impact on creative industries.
GESAC calls for a critical reassessment of the current legal framework, urging policymakers to prioritize consent, transparency, and fair remuneration for creators in the growth of AI strategies for the cultural and creative sectors. The organization stresses the need for an ethical and responsible AI ecosystem that respects the rights of those who create the content upon which these technologies rely.
A study commissioned by the German Authors’ Rights Initiative supports GESAC’s position, concluding that the TDM exception does not apply to generative AI. this finding further underscores the urgent need for legislative action to protect the rights of creators in the age of AI.
1 an critically important study commissioned by the German Authors’ Rights Initiative states that the TDM-exception doesn’t apply to genai: summary
The European Union’s AI Act,while a step in the right direction,falls short of providing a complete solution for the cultural and creative industries in the face of rapidly advancing artificial intelligence. this is the message from a coalition of prominent European organizations representing authors, performers, and visual artists.
The organizations, while welcoming the act’s provisions requiring transparency in the use of copyrighted material for training AI models, stress the need for a more robust and forward-looking strategy. “If properly enforced, the AI Act will be a step in the right direction but will not be sufficient for a meaningful AI strategy for the cultural and creative industries,” they state.
“Our organizations welcomed the AI Act, in particular the requirement for providers of general-purpose AI models to comply with EU copyright law and publish sufficiently detailed information about the data used,” the statement reads. “We also strongly support the strengthening of transparency obligations around deep fakes and stress the importance of developing technical tools that can reliably and accurately differentiate authentic content from AI-generated, or manipulated, content.”
The organizations urge the EU to prioritize transparency in the implementation of the AI Act, ensuring that the AI office places it at the heart of its Code of Practise and template summary for AI providers. They argue that without clear and detailed transparency obligations, creators will be unable to protect their rights and ensure they are fairly compensated for the use of their work in AI training.
“Since the tech and AI industries have already used our members’ works without any authorisation, it is no surprise that they are so adamant about the protection of trade secrets,” the statement continues. “In our view, all policy makers must clearly distinguish between legitimate trade secrets – where the input has been legally acquired – and the secretive use of copyrighted works to train AI models without any authorisation. A recipe may remain secret but that does not justify stealing the ingredients.”
The organizations emphasize that the AI Act, even with robust implementation, is merely a temporary solution. They call for a dedicated AI strategy for the cultural and creative industries, one that ensures informed consent and fair remuneration for authors and performers in the age of AI.
In a strongly worded statement, leading European creative industry organizations are calling for urgent action from policymakers to address the disruptive impact of generative AI on the cultural sector.The groups argue that the current EU legal framework is inadequate, failing to protect creators and their work in the face of rapidly advancing AI technology.
“In a context where the current EU legal framework is unenforced and unbalanced, does not protect our creative community, and ignores the specificities of the cultural and creative sectors, we call on you to directly address the profound disruption caused by the uptake of generative AI in these sectors, as well as its impact on creation and cultural diversity,” the statement reads.
The organizations, which include the European Council of Literary Translators’ Associations (CEATL), the European Composer and Songwriter Alliance (ECSA), and the European Federation of Journalists (EFJ), are demanding a comprehensive and democratic debate to establish a clear legal framework for AI in the creative industries. They emphasize the need to protect the rights and integrity of creators’ works and personal data.
“All future initiatives related to the use of AI for the cultural and creative industries must be based on a comprehensive and democratic debate leading to a clear legal framework preserving the rights and the integrity of creators’ works and personal data,” the statement continues. “It should address the many unresolved issues related to the TDM exception and clarify the terms of its extension to generative AI.”
The groups highlight the unique challenges posed by AI models that utilize existing creative works. “Using works and performances in the context of AI models is radically different from other forms of exploitation. As the integrity of their work and their personal reputation may well be jeopardized by generative AI, authors and performers should retain the ability to consent or refuse such use of their work,” they argue.
Recognizing the value derived from human creativity in AI-generated content, the organizations call for “effective and enforceable mechanisms to remunerate the creative community for the AI-generated output.” However, they caution against mechanisms that normalize or encourage the replacement of human work by AI.
“we urge you to place the principles of transparency, consent and remuneration of authors and performers at the heart of all future initiatives for an ethical and fair use of AI. We also look forward to collaborating with you and your teams to develop a framework advancing AI technologies in ways that serve and enhance human creativity, whilst continuing to promote original content and protecting the hundreds of thousands of authors and performers we represent,” the statement concludes.
The call to action underscores the growing concerns within the creative community about the potential impact of AI on their livelihoods and the future of cultural expression.
A coalition of prominent European arts and media organizations has issued a joint statement expressing deep concern over the potential impact of artificial intelligence (AI) on creative industries. The group, which includes the European Guild for Artificial Intelligence Regulation (EGAIR), the European Writers’ Council (EWC), and the Federation of European Screen Directors (FERA), among others, warns that unchecked AI development could threaten the livelihoods and creative autonomy of artists.
“We believe that AI presents both opportunities and risks for the creative sector,” the statement reads. “While AI can be a powerful tool for innovation, it is crucial to ensure that its development and deployment are guided by ethical principles that protect the rights and interests of creators.”
the organizations are particularly concerned about the potential for AI to be used to generate creative content without proper attribution or compensation to human artists. They also raise concerns about the potential for AI to be used to automate creative tasks, leading to job losses in the sector.
“We call on policymakers and industry leaders to work together to develop a framework for the ethical and responsible use of AI in the creative industries,” the statement concludes. “This framework should ensure that AI is used to augment human creativity, not replace it.”
The statement comes amid growing debate about the impact of AI on various sectors, including the arts. As AI technology continues to advance, it is becoming increasingly capable of generating creative content, such as music, writing, and visual art. This has raised concerns among some artists and industry professionals who fear that AI could devalue their work and threaten their livelihoods.
The coalition’s call for a framework for ethical AI use in the creative industries reflects a broader movement to ensure that AI development benefits society as a whole. As AI becomes more integrated into our lives,it is essential to have clear guidelines and regulations in place to ensure that it is used responsibly and ethically.
Let’s dive into the concerns raised by creators and their organizations.
**Core issues:**
* **Copyright and Consent:** A essential issue is the use of copyrighted material by generative AI without explicit consent from creators. Organizations argue that current legal frameworks, like the ”text and data mining” exception, aren’t adequately protecting creators’ rights. The lack of clarity around which works are being used makes it difficult for creators to enforce their rights or be compensated.
* **Compensation:** Creators argue they are not fairly compensated for their work used in training AI models. the current system might allow AI developers to profit from creative works without sharing that profit with the original creators.
* **Transparency:** There is a lack of clarity about which works are being used to train AI models, how they are being used, and what the resulting outputs are. This opacity makes it difficult for creators to protect their work and understand the impact of AI on their careers.
* **Integrity of Creative Works:** AI-generated content using existing works raises concerns about the integrity and reputation of creators.AI systems coudl potentially create content that misrepresents an artist’s style or creates outputs that are damaging to their reputation.
**Urgency and Calls to Action:**
Creative organizations are calling for:
* **Legislative Action:** They’re urging policymakers to update copyright laws and create specific regulations for the use of copyrighted material in AI training.
* **Ethical AI growth:** There’s a push for AI development that prioritizes transparency, consent, and fair remuneration for creators.
* **Stakeholder Collaboration:** Organizations want to work with policymakers, AI developers, and other stakeholders to develop solutions that benefit both innovation and creators’ rights.
**The Debate Ahead:**
The rise of generative AI poses significant challenges to the creative sector. Finding a balance between fostering AI innovation and protecting the rights and livelihoods of creators will be critical in shaping the future of this technology.
Let me know if you’d like to explore any of these issues in more detail!
