Fair conditions as well as harnessing the potential of generic AI – these are the two central points for which GEMA has presented the AI Charter. The Charter aims to be food for thought and a guide for the responsible use of AI. The Society for Musical Performance and Mechanical Reproduction Rights, or GEMA for short, cannot impose any bonds or obligations. Yet, for example, it must be able to influence regulators.
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The charter contains ten principlesThe first is called: “Digital Humanism – People are the focus”. The idea behind this is that AI is a tool and can help people in the creative process, but not replace it. “Protection of intellectual property” aims to protect creative professionals from commercial exploitation and misuse of their works. GEMA also expects “fair participation in value creation”.
The GEMA Principles are partially in line with AI regulation
“Transparency” is also a principle of the Charter. GEMA is convinced that it should be clear what data was used to train the AI model. And measures must be taken to ensure that this is done in accordance with applicable law. The GEMA Principles provide for the right to question – you must be able to question the training data. Must be licensed to use the works. Additionally, GEMA says, it should be flagged when people interact with AI. The AI Act also says the same. For example, in addition to information collected when someone communicates with an AI chatbot, European AI regulation also requires AI providers to disclose more information about training data.
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“Negotiation at eye level” – This theory is about the imbalance between large AI providers in the United States, who have a lot of money, and other market participants, such as GEMA and other individual affected parties. To unite interests, “clear guidelines, competition law tools and, above all, strengthening collective negotiations” are necessary.
“Individual rights” must be respected and “cultural diversity” must be preserved. Another theory states that “companies offering AI are within the reach of European legal requirements”. First of all, this is European law only. However, it is also essential that the law is not weakened by training taking place in other areas of the world.
AI must be sustainable. Here too, GEMA and AI regulation are interconnected. AI providers must ultimately take responsibility. “These companies should be aware of and take responsibility for the impacts of their technology. They are therefore not entitled to liability privilege (‘safe harbor’). They should not pass their responsibility onto users.”
(EMW)
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