The German Cultural Council considers it overdue to allow authors, artists and other rights holders such as publishers, film, game and music producers or radio stations to participate in the sale of providers of generative artificial intelligence (AI) such as OpenAI, Google, Meta. And entrophic. It is “absolutely essential” that when protected works are used, “appropriate remuneration is paid”, not just for the training of such models and systems. Politicians should ensure that rights holders also benefit from the economic benefits of the technology.
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AI “enables machine-generated results that are increasingly indistinguishable from human creations and cannot be understood by humans during the creation process,” the Cultural Council wrote in a statement. Statement published on MondayGenerative AI impacts writers, artists and media companies “in a very significant and sometimes existentially threatening way”. Most of the people involved see themselves – to varying degrees of intensity – “facing both risk and opportunity”.
Lawsuit over “mass use” of protected works
According to the inventory, within the legal literature and previous case law that has not yet been reviewed by the Supreme Court, the view is often taken that there is no legal basis on the exclusive right of exploitation for the use of protected works for the training of AI models. There are restrictions. Applicable in principle”. However, there are also very clear dissenting voices, according to which the constraints on text and data mining contained in EU copyright law do not apply here. From the point of view of the rights holders concerned, AI based on legal permission Using their protected works for development is generally “very difficult to understand” as the latter would have “extreme consequences” for exploiting their creations.
The working group of German cultural associations states that the required remuneration can best be achieved “by contractually granting the necessary rights of use”. Licensing agreements should therefore be “enabled and supported as best as possible.” The Cultural Council encourages rapid and comprehensive legal policy discussion of outstanding copyright issues in this country generally and at the EU level in particular. This is not just about freedom of use of text and data mining, but about “large-scale use” of protected works. Legal requirements should therefore apply “whenever models and systems of generic AI are placed on the market in the EU” or the results are used in the Community. In principle, they also apply to US companies.
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