Re: "Creators call for action on AI copyright exceptions"

Hi Edward,

Interesting statement. 

I'm surprised by two aspects:

The first is the affirmation that much of the copying for generative AI has been carried out from, and/or by entities in, the European Union , claiming to rely on the exceptions to copyright for “text and data mining” (TDM) in Articles 3 and 4 of the Directive on Copyright in the Digital Single Market (“DSM Directive”).

-> Does nwu possesses copies of such claims? it would be good to get such claims in order to convince publishers to adopt countermeasures quickly. 

The second aspect has to do with the geographical limits of a European Directive. If a content publisher is not European and its content is not stored on an EU server, it seems difficult for a TDM/AI actor (EU or US based) to claim that such content can be scrapped under the EU law. And from the list of companies having signed the statement, most or all seem to be American organizations. I mean, it seems the claims you have gathered make no legal sense. And therefore the European Union cannot do anything about such foolish claims. I'm not a lawyer, this is just my understanding of the situation. 

Now, if your statement is about the EU DSM Directive contradicting the Berne Convention for content stored in Europe and/or EU content publishers, this is another matter. 

The answer certainly lies in the statement "US entities are already able to outsource these otherwise-infringing activities to EU affiliates, subsidiaries, or proxies".

-> interesting also. Is it possible to have names? they are able, sure. Do they do it? 

We'll be happy to get more details from you. 

On another aspect, the statement reads: "The proposed TDM Reservation Protocol is technically complex and burdensome". Well, I cannot let people state that as-is. Or you must state the exact same about every internet protocol, including robots.txt (which is not an approved standard) and HTML (as no author, to my knowledge, masters HTML; there are tools for that). 
Other limitations stated about TDMRep and other equivalent tools are real (no way to retroactively opt-out if the content has been scrapped ...). Note that there is no way to delete an email once it has been sent either. People still use emails. 

   

Best regards
Laurent



> Le 14 juil. 2023 à 02:34, Edward Hasbrouck <ehasbrouck@nwu.org> a écrit :
> 
> Participants in this discussion may be interested in this joint public 
> statement issued by 24 organizations of creators of copyrighted works:
> 
> Statement:
> https://nwu.org/wp-content/uploads/2023/07/creators-coalition-AI-exceptions.pdf
> 
> Blog post from the National Writers Union (NWU):
> https://nwu.org/creators-call-for-action-on-ai-copyright-exceptions/
> 
> The statement discusses the proposed "tdmrep" protocol. But much of the 
> analysis of the "tdmrep" proposal applies to other proposed or potential 
> TDM rights reservation proptocols, at least as applied to AI development.
> 
> 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 Friday, 14 July 2023 17:04:00 UTC