French National Assembly Calls for Amendments to EU’s Copyright Directive in Light of AI Developments
Opinion by the National Assembly’s High Commission for Digital and Posts Recommends Elaboration of an International AI Treaty and Regular Reviews of EU’s AI Act
A commission of the French National Assembly has published an opinion calling for amendments to the European Union’s Copyright Directive in response to recent technological advancements in the field of artificial intelligence (AI). The opinion, the first on AI from the National Assembly’s High Commission for Digital and Posts in almost four years, recommends the development of an international AI treaty and regular reviews of the EU’s AI Act. The commission, led by Member of Parliament Mireille Clapot, welcomes the AI Act but stresses the need for amendments to the Copyright Directive to address issues related to generative AI.
Generative AI and Copyright: The Need for Legislative Remodeling
With the rise of generative AI and its implications on intellectual and industrial properties, the EU’s Copyright Directive, which became law in 2019, needs to be revamped to address the novel challenges posed by this disruptive technology. The last four years have seen significant advancements in AI, leading to questions about how to identify original works by artists, attribute works generated by AI intermediaries, remunerate authors, and manage opt-outs for artists who refuse their content to be used by AI. The French commission acknowledges that protective measures regarding copyright are necessary for generative AIs but emphasizes the need for further review and amendment of the Copyright Directive.
EU and Global Positions: The French Perspective
The commission’s opinion acknowledges the content of the AI Act and the French position at the Council of the EU, but it does not comment on the French government’s resistance to regulating foundation models. While the French Commissioner Thierry Breton’s proposed text appeared to strike a balance during the last political trilogue in December, the commission believes that the AI Act should undergo regular revisions to keep pace with rapidly advancing technology. Furthermore, the opinion recommends leveraging France’s diplomatic influence to develop an international AI treaty, similar to the UN’s Convention on the Law of the Sea, to ensure a global framework for AI governance.
Addressing National Challenges: Claw-back Clauses and Women’s Representation
The opinion suggests implementing claw-back clauses for publicly-funded AI startups in line with Israel’s approach. This mechanism would require the refund of public funds if a company is sold to a foreign economic agent. Additionally, the commission proposes easing financing for early-phase AI startups to boost investor confidence. While the French privacy watchdog, CNIL, is not explicitly recommended as the regulatory authority for AI, the opinion highlights the need to be cautious about designating CNIL as the national agency in charge of AI. Finally, the commission emphasizes the importance of encouraging women to join the AI sector, aligning with the EU Digital Decade targets.
Read more with Euractiv: EU Commission Seeks Feedback Over Apple Pay’s Commitments
Editing by Luca Bertuzzi/Nathalie Weatherald
Analyst comment
Positive news: The French National Assembly calls for amendments to the EU’s Copyright Directive and recommends the development of an international AI treaty and regular reviews of the EU’s AI Act. This shows proactive efforts to address the challenges posed by generative AI and ensure appropriate copyright protection.
Market impact: These calls for amendments and international cooperation indicate a growing recognition of the need to regulate and govern AI technology. The market for AI-related solutions and services may experience increased scrutiny and potential regulatory changes, leading to a more stable and predictable environment for AI development and deployment.
