A coalition of about forty European associations representing authors, artists, performers, editors, journalists and other rights holders has signed a joint statement in which they express their absolute rejection of the third draft that is being prepared in Brussels of the Code of … Good practices for artificial intelligence systems of general purpose. «It is completely unacceptable. We cannot support it in its current version, ”express the signatories. Creators alert that this draft weakens the obligations of transparency and compliance with copyright by large platforms that are developing generative AI systems.
Last year, the European Union approved an AI Law, and the rules that govern these new models will enter into force as of August. The Code of Good Practices aims to facilitate the correct application of these standards, and their role is presumed crucial when orienting the future development of the Chatgpt and Deepseek on duty that have already begun to operate. This regulation incorporated a “minimum protection”, in the opinion of some copyright management entities, so that certain transparency requirements in the use of works – chanctions, books, films …– protected by copyright.
The third draft of the Code of Good Practices, as written, weakens these transparency and compliance with the copyright, denounce the associations in their joint declaration. In his opinion, so ambiguous requirements are established that, in practice, they would allow the developers of the models of avoiding their obligations. One of the great complaints that the sector has been expressing in recent months is that OpenAi, Microsoft, Meta, Google and company have developed their generative AI models using content protected by copyright without paying for its use.
“From the beginning we have not been very satisfied with the drafts we were knowing,” he says Adriana MoscosoGeneral Director of the International Confederation of Authors and Composers Societies (GESAC), to which the Spanish SGAE belongs. «They were very inclined towards the interests of technological companies. In view of the fact that this third draft resulted in that situation in which none of our observations was reflected, we have decided to take this step ». This Code of Good Practices should be approved before May 2. «To have this text, what you have to do is directly apply the law. We do not want to be diluted or misunderstood through this tool ».
The manifesto indicates that suppliers are only required to make “reasonable efforts” to comply with European legislation, and this “does not guarantee” the effective compliance of the European law. The third draft of the Code of Good Practices also does not guarantee transparency by eliminating key requirements for the companies to report on the content used in training their systems. Likewise, the affected entities denounce that the rights reserve mechanisms are ineffective and that the mechanism proposed to present claims does not specify concrete solutions to resolve conflicts due to copyright infractions.
“The intention of the EU’s law was to allow the development of a responsible AI and ensure that cultural and creative sectors can continue to grow in European territories,” says the text. However, the third draft of the Code of Practices that has presented “undermines these objectives, contravenes the right of the EU and ignores the intention of the European legislator,” adds the manifesto. “Instead of providing a solid framework for compliance, it establishes such a low ribbon that it does not offer significant help for authors, artists, interpreters and other rights holders to exercise or enforce their rights.”
Moscoso points to the influence and pressure of large companies. «Since the Trump administration arrived, they exercise it much more cheeler. Those forced to sign this are not us, the holders of the rights, but the companies of AI. Goal already said a month ago that they don’t plan to do it. The general director of Gesac recalls that the cultural industry generates millions of jobs and 4 percent of European GDP. «They are trying to dilute the law to the maximum through this code; That is, there is a gap of the basic principle of the rule of law: a law that has been approved in the European Parliament cannot be modified. That’s why we have said here. Copyright is being reinterpreted, and this is what it cannot be ».
The statement is signed by some of the most relevant European associations in sectors such as cinema, television, newspapers or books. Among them, the International Confederation of Authors and Composers Societies (CISAC), the European Association of Audiovisual Production (CEPI), the International Federation of Journalists (EFJ), the International Federation of Associations of Cinematographic Producers (FIAPF) and the Antipiratry Audiovisual Alliance, in addition to GESAC. “There is the European cultural industry in unison,” says Adriana Moscoso. It shows that there is a very serious concern with this issue.
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