"Authors’, Performers’ And Other Creative Workers’ Organisations Joint Statement On Artificial Intelligence And The Draft

Separately but making many of the same arguments as in the statment from 
US creators I linked to earlier, a coalition of European and international 
creators has issued a joint statement regarding, inter alia, the 
exceptions in Article 4 of the CDSM Directive and the opt-out protocols:

https://nwu.org/wp-content/uploads/2023/07/2023_07_17-Joint_creators_statement_-AI-Act_EN.pdf

"Beyond the AI Act, we believe it is imperative for policymakers to 
urgently clarify the scope, feasibility, and effective enforcement of the 
text and data mining exceptions provided by the 2019/790 Directive on 
Copyright in the Digital Single Market (henceforth the CDSM Directive), 
including the opt-out mechanism, since many AI providers appear to justify 
their activities on the basis of those exceptions...."

"Several international treaties, as well as EU and national laws, 
stipulate that exceptions to copyright and neighbouring rights must adhere 
to the three-step test. The CDSM Directive incorporates this crucial 
safeguard, which asserts that exceptions, including for acts of 
reproduction undertaken for text and data mining purposes, can only be 
applied 'in certain special cases that do not conflict with the normal 
exploitation of the works or other subject matter and do not unreasonably 
prejudice the legitimate interests of rightholders.' Regrettably, these 
conditions are not currently met, blatantly violating the provisions of 
the CDSM Directive, which also explicitly states that its exceptions and 
limitations aim to achieve 'a fair balance between the rights and 
interests of authors and other rightholders, on the one hand, and of users 
on the other'...."

"In current practice, authors, performers and other content creators are 
unable to effectively avail themselves of the opt-out option, due to the 
complete opacity on the actual use of creative works, voice, likeness and 
performances by AI software, and the difficulties to identify a process to 
effectively opt-out should they wish to....."

The entire statement may be of interest to members of this group.

Sincerely,

Edward Hasbrouck

----------------
Edward Hasbrouck
<ehasbrouck@nwu.org>
+1-415-824-0214 (San Francisco)

National Writers Union
https://nwu.org
+1-212-254-0279 (New York)

Received on Wednesday, 2 August 2023 16:23:27 UTC