France’s National Assembly calls for amendments to copyright directive in response to AI developments
The French National Assembly’s High Commission for Digital and Posts (CNSP) has published its first opinion on artificial intelligence (AI) in almost four years, recommending amendments to the EU’s Copyright Directive. The opinion calls for the elaboration of an international AI treaty and regular reviews of the EU’s AI Act.
The CNSP’s President, Mireille Clapot, stated that the copyright directive needs to be reviewed to address issues related to generative AI, such as how to identify original works by artists and how to manage opt-outs for artists who refuse their content to be used by AI.
The French commission welcomes the AI Act but believes that the Copyright Directive must be amended due to recent technological developments in AI.
The battle over generative AI and copyright
With the rise of powerful AI models, the question of who controls the data fed into these technologies has become a key issue. The New York Times recently filed a lawsuit against OpenAI for copyright infringements, highlighting the need for protective measures regarding copyrights used by generative AIs.
The French commission acknowledges the importance of transparency and opt-out clauses, as well as respecting the EU’s Copyright Directive. However, they argue that the directive should be revamped to address the implications of AI on intellectual and industrial properties.
AI Act and global positions
The commission’s opinion briefly details the content of the AI Act and the French position at the Council of the EU. It suggests that the AI Act should be revised regularly to keep up with rapid technological developments in the field.
On the global stage, the commission recommends using France’s diplomatic strength to develop an international AI treaty, similar to the UN’s Convention on the Law of the Sea. This initiative aligns with the Council of Europe’s international treaty on AI, without addressing the US-led effort to exempt the private sector from it.
National challenges and recommendations
The opinion proposes implementing claw-back clauses for publicly-funded AI startups, similar to Israel’s regulations, ensuring that public money is refunded to the state if a company is sold to a foreign economic agent. The commission also suggests making financing easier for early-phase AI startups to bolster investor confidence.
Regarding the regulatory authority in charge of AI, the opinion neither supports nor dismisses the idea of the French privacy watchdog, CNIL, taking on this role. There are concerns that designating the CNIL as the national agency for AI could be seen as hindering development in the sector.
The opinion also recommends further efforts to encourage women to join the AI sector, in line with the EU’s Digital Decade targets.
Analyst comment
Positive news. The call for amendments to the Copyright Directive in response to AI developments shows that France is actively addressing the challenges posed by generative AI and copyright issues. This proactive approach, including the proposal for an international AI treaty and regular reviews, will help protect intellectual and industrial properties in the rapidly evolving AI landscape. Market-wise, it may lead to more robust regulations for AI technologies and increased investor confidence in early-phase AI startups.
