AI: draft reports on transparency and remuneration unveiled

The machine learning technologies at the heart of artificial intelligence (AI) systems "train" themselves on large masses of cultural data. When it comes to data protected by literary and artistic property rights, French rights holders, faced with the growing use of their works and services, are increasingly deciding to exercise their right of opposition ("opt out"). While this is a significant step forward in terms of copyright protection in a rapidly changing context, theopt-out is insufficient, and if used on a large scale, can lead to a weakening of the reliability of the results produced by AIs, as well as the presence of French content.

The principle of source transparency must enable rights holders to :

• verify that their opposition to the use of their works and services has been taken into account ;
• draw the economic consequences in terms of remuneration.

The mission concerning the remuneration of cultural content used by artificial intelligence systems was launched in April 2024, and was entrusted to Alexandra Bensamoun for the legal aspect and Joëlle Farchy for the economic aspect. The reports will be presented at the CSPLA plenary session on June 23, 2025.

In economic terms
Access to cultural data is essential to ensure that economic models and value chains are respected. As this data is likely to upset the equilibrium of the sectors concerned, it is imperative that its value be ensured with a view to sustaining the business models of all players, while respecting public policy issues such as cultural diversity.

The draft economic report is here

On the legal front

The conditions now seem ripe for the emergence of a balanced data market, ensuring both fair remuneration for rights holders and legal certainty for suppliers of AI models. The negotiation of a license or the payment of remuneration to rights holders will therefore have to be in line with both the European legal framework and the economic feasibility of the proposed solutions.

The draft legal report is here

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