Ensure protection of rights of creators and artists in development of generative AI.

FSE co-signed a letter addressed to MEPs, members of the Legal Affairs (JURI) Committee of the European Parliament. Together with other creators’ organisations, we make recommendations on the proposed amendments to the JURI Committee draft report on copyright and AI.

Ensuring the protection of the rights of creators and artists in the development of generative AI – Joint voting recommendations on the proposed amendments to the JURI Committee draft report on copyright and AI

Dear Member of the Legal Affairs (JURI) Committee,

We are writing to you on behalf of a coalition of professional organisations representing the collective voice of hundreds of thousands of journalists, performers, composers, songwriters, screen directors, screenwriters, translators, visual artists, illustrators and other artists and creative workers.

In July, MEP Axel Voss shared the draft report “Copyright and generative artificial intelligence – opportunities and challenges”, which our coalition warmly welcomed as it reflected several of the key concerns highlighted in our letter to JURI from 19 June, including our calls to assess the applicability of the TDM exception, ensure a high level of transparency, and the ability for our members to authorise the use of their works by genAI and receive appropriate and proportionate remuneration for their exploitation.

Since the publication of the draft report, the final implementation package of the AI Act (GPAI Code of Practice, GPAI guidelines, and transparency template) failed to provide our members with effective and meaningful tools to enforce their rights, increasing the expectations for the European Parliament to ensure that the rights of the authors, performers, and creative workers we represent are respected.

Following the publication of the amendments, we are writing to provide our voting recommendations on several priorities that are crucial to our organisations:

  • Ensuring full and effective transparency for all models placed on the EU market, going beyond the insufficient requirements provided by the AI Act’s implementation and making sure trade secrets cannot be used to oppose transparency.
  • Ensuring authors’, performers’, and creative workers’ fair and proportionate remuneration.
  • Ensuring rightsholders’ can authorise or refuse the use of their works, including through voluntary and sector-specific licensing agreements.
  • Clarifying the application of Art. 4 of the CDSM Directive to generative AI.
  • Establishing a presumption of use and related actions to facilitate rightsholders in exercising their rights.
  • Facilitating the exercise and enforcement of rights reservations.
  • Opposing the introduction of a new dedicated exception for genAI.
  • Ensuring the labelling of AI-generated content and preventing unauthorised deepfakes.
  • Regulating other aspects of genAI services and online platforms and introducing liability rules.

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