Consultations were launched in France in June to foster dialogue between artificial intelligence stakeholders and representatives of the cultural and creative industries. Six months on, the country’s Ministry of Culture is considering potential measures in response to what it describes as an “insufficient sharing of value.”
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A press release from the Ministry, published on December 1, states that the situation warrants public action, including legislative measures, to guarantee respect for copyright, “the cornerstone of our cultural exception,” and “an essential pillar of our digital and creative sovereignty.”
In the Ministry’s view, current agreements and talks are still too few and far between, and are insufficient to ensure fair remuneration for the works and content used to train models. According to the Minister, Rachida Dati, AI is not something to be fought, but its success must also benefit those who have fed it, often without realising it. The text and data mining exemption, a European provision adopted in 2019, allows AI actors to analyse works and content for research purposes without consulting rights holders.
“I am fully committed to bringing about the emergence of ethical and responsible AI models,” stresses Minister Rachida Dati. “This development represents an exceptional opportunity for the French economy, including its cultural and creative industries, but it must benefit everyone.”
In this context, the Ministry raises the prospect of reversing the burden of proof. This would require AI providers to provide a technical justification for the inspirations that led to the generation of content, products, or works. At present, it is up to claimants to prove that AI has appropriated all or part of their works.
The press release also mentions the possibility of a “presumption of use of cultural content by AI providers,” which could require companies using AI to demonstrate its non-use in relation to certain tasks, products, or works. These two measures were initially envisaged as part of the work undertaken by the Conseil supérieur de la propriété littéraire et artistique (CSPLA).
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