Question 16057 — intellectual property

Summary

Ms. Véronique Ludmann draws the attention of the Minister of Culture to the concrete ineffectiveness of the right of opposition recognized to holders of copyright and related rights regarding the use of their works for the training of generative artificial intelligence systems. European directive 2019/790, transposed into article L. 122-5-3 of the intellectual property code, provides for an exception for text searching and data for commercial purposes, to which rights holders may object by express reservation. This right therefore exists in theory. In practice, it is today largely inaccessible for three documented reasons. Premièrement, son exercice suppose des compétences techniques, insertion de métadonnées, de balises robots ou de fichiers spécifiques, que la grande majorité des auteurs, illustrateurs, photographes et independent journalists do not master. Unlike the right to erasure created under the GDPR, which gave rise to simplified and accessible mechanisms, no equivalent system has been put in place for opt-out in the field of AI. Secondly, the collecting societies, SACEM, SACD, SCAM in particular, notified their opposition on behalf of their members to hundreds of AI providers as early as October 2023. These notifications, representing millions of protected works, were mainly met with a total lack of response from the suppliers concerned. Thirdly, no sanction mechanism to date obliges AI suppliers to respect these objections or even to acknowledge receipt of them, which renders this right of no effective scope. Faced with this observation, the MP asks the Minister the following questions. Firstly, what concrete measures does the Government intend to take to make the opt-out right truly accessible to creators, particularly the smallest, for example via the creation of a centralized register, a simplified form or a support service operated by collecting societies and financed by the State? Secondly, does the Government have a figures for opt-out notifications? addressed to AI suppliers by collecting societies since 2023 and the rate of effective compliance with these notifications by the suppliers concerned? If not, does he intend to order one? Thirdly, what sanctions is the Government considering against artificial intelligence suppliers who do not comply with the objections notified to them and within what time frame will these provisions be implemented? could they come into force? She wishes to obtain clarification on this subject.

Machine translation from French. The official text remains authoritative.

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