Stellungnahme von 13 Dachverbänden in Europa zu KI, 29. 04. 2024

13 Stellungnahmen

Gemeinsames Statement von "Authors, Performers, and Other Creative Workers"


Brussels, 25 April 2024

The undersigned organisations represent the collective voice of hundreds of thousands of writers,
performers, composers, songwriters, screen directors, screenwriters, visual artists, journalists,
translators and other creative workers whose human artistry lies at the core of the creativity that our
societies cherish and enjoy on a daily basis.

As the EU AI Act is expected to soon enter into force, we welcome the adoption of this regulation, which
is a first step in the right direction and the first attempt by a major regulator to harness the unfettered
use of AI, including general purpose AI models. Despite the tech industry’s resistance to future
regulation, this technology and its use have long-ranging implications for individuals, society, creators,
and cultural diversity. It is of utmost importance to make sure it can develop in a way that respects
fundamental principles and as a tool to enhance, not replace, human creativity.

In particular, we welcome the introduction in the EU AI Act of specific rules for providers of generalpurpose AI models and notably the requirement for them to comply with EU copyright law and publish
sufficiently detailed information about the data used. We also strongly support the strengthening of
transparency obligations around deep fakes and stress the importance of developing technical tools
that may reliably and accurately differentiate authentic content from AI-generated, or manipulated,
content. We thank the European Parliament for championing those provisions during the interinstitutional negotiations.

The AI Act still needs to be implemented in an effective way in order to preserve fundamental rights,
safeguard transparency, and enable authors and performers to exercise their rights. We will remain
vigilant about this implementation, both at EU (codes of practice, template of the AI office, etc.) and
national level. Without sufficient transparency, it will be impossible for our members to avail themselves
of the protection provided by the acquis, both related to copyright and data protection.

However, even with a proper implementation of the AI Act, it will only serve as a temporary fix for a
much larger problem unless legal ambiguities are addressed and transparency, informed consent and
remuneration are firmly enshrined in the existing legal framework.

The AI Act new section aimed at providers of general-purpose AI, including providers of large generative
AI models, refers to the implementation of the text and data mining exception for commercial purposes
(Article 4 of EU Directive 2019/790), but does not effectively extend the scope of this exception. Under
EU law, a copyright exception should always be restrictively interpreted and there is no decision from
the Court of Justice on this topic. Extending the scope of the TDM exception to generative AI would
place creators before an unacceptable and undemocratic “fait accompli” letting the tech industry off
the hook for having used creators’ work with generative AI without their permission and in complete
opacity for a significant period of time.

Directive 2019/790, and the TDM exception in its Article 4, does not mention or define “Artificial
Intelligence” and “Generative AI” and was not conceived with large scale generative AI models in mind.
In the absence of any relevant court decision, expanding this exception to cover the systematic and
extensive use of creators’ protected works and performances, with the intention of generating synthetic
content for commercial use that closely resembles, and therefore directly competes with their work, is
not only unfair but also legally questionable. It is hard to conceive how this exception, which is poorly
defined as to how it may be exercised in relation to generative AI, would satisfy the three-step test, a
fundamental safeguard intended to strike a fair balance between rightholders and content users by
limiting copyright and neighbouring right exceptions to 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. Copyright exceptions are generally conceived to ensure a fair
balance between intellectual property and other fundamental rights or public policies (such as freedom
of expression or education) to the benefit of citizens or public institutions. This broad interpretation of
the TDM exception does not meet any public policy objective and appears to retrospectively justify the
massive scraping of our members’ works and performances, to the sole benefit of AI companies.

We would also like to stress that, while AI models scrape creators’ works at an unprecedented scale,
any effective reservation of rights for TDM should already have led to licenses between all the original
rightholders in the works concerned and generative AI businesses, including after the transfer of the
creators’ exclusive rights to a third party. Creators should have received information about the revenues
that the scraping of their works contribute to generate, in order to determine and enforce appropriate
licensing mechanisms. This has not however been the case. The truth is that their works and personal
data have been used on a massive scale without any possibility for them to reserve their rights and be
remunerated in return. Authors and performers as well as their contractual counterparts should not
bear the costs and be at the mercy of specific opt out mechanisms built by the tech industry through
illusory self-regulation.
In addition, it is essential to stress that authors and performers generally assign or transfer their IP rights
to their contractual counterparts, based on treaties, conventions and other normative instruments that
were in no way designed to cover AI-related uses. Using works and performances in the context of AI
models is radically different from traditional forms of exploitation. In this context, as the integrity of
their work and their personal reputation may well be jeopardized, creators should retain the ability to
consent or refuse such usage of their work. As such, they must be involved in the exercise of their rights
reservation, the design of the technical protocols used to this end – as well as any policy discussions
regarding generative AI.

As a new EU policy cycle is about to start, we urge EU decision makers to engage in a comprehensive
and democratic debate leading to a clear legal framework preserving the rights and the integrity of the
works of creators, addressing the numerous open issues linked to the TDM exception today and
clarifying the terms of its possible extension to generative AI. EU policy makers must design an ambitious
strategy for a truly human-centric generative AI that ensures that creators can exercise informed
consent, be fairly remunerated for the use of their works through generative AI and receive financial
compensation for all the current and future AI-produced contents that their creative work has
contributed to generate.


List of signatories

CEATL (European Council of Literary Translators’ Associations) was created in 1993 as a platform where literary
translators’ associations from different European countries could exchange views and information, and join
forces to improve status and working conditions of translators. It now unites 34 member associations from 26
countries across Europe, representing some 10,000 individual literary translators.
Web: / EU Transparency Register ID: 65913704675-82

ECSA (European Composer and Songwriter Alliance) represents over 30,000 professional composers and
songwriters in 28 European countries. With 58 member organisations across Europe, the Alliance speaks for the
interests of music creators of art & classical music (contemporary), film & audiovisual music, as well as popular
Web: / EU Transparency Register ID: 71423433087-91

EFJ (European Federation of Journalists) is the largest organisation of journalists in Europe, representing over
320,000 journalists in 73 journalists’ organisations across 45 countries. The EFJ is recognised by the European
Union and the Council of Europe as the representative voice of journalists in Europe. The EFJ is a member of the
European Trade Union Confederation (ETUC).
Web: / EU Transparency Register ID: 27471236588-39

EGAIR (European Guild for Artificial Intelligence Regulation) is a network of creatives and associations from all
over Europe, lobbying for the protection of artists' works and data from AI companies. Originally founded by
MeFu, the Italian association of comic book creators, EGAIR now represents over 20.000 creatives, artists and
Web: / EU Transparency Register ID: 385629348610-21

EWC (European Writers’ Council) is the world’s largest federation representing solely authors from the book
sector and constituted by 49 national professional writers’ and literary translators’ associations from 31
countries. EWC members comprise over 220.000 professional authors, writing and publishing in 33 languages.
Web: / EU Transparency Register ID: 56788289570-24

FERA (Federation of European Screen Directors) represents film and TV directors at European level, with 48
directors’ associations as members from 35 countries. Founded in 1980, FERA speaks for more than 20,000
European screen directors, representing their cultural, creative and economic interests.
Web: / EU Transparency Register ID: 29280842236- 21

FIA (International Federation of Actors) is a global union federation representing performers‘ trade unions,
guilds and professional associations in about 70 countries. In a connected world of content and entertainment,
it stands for fair social, economic and moral rights for audio-visual performers working in all recorded media and
live theatre.
Web: / EU Transparency Register ID: 24070646198-51

FIM (International Federation of Musicians) is the only body representing professional musicians and their trade
unions globally, with members in about 65 countries covering all regions of the world. Founded in 1948, FIM is
recognised as an NGO by diverse international authorities such as the ILO, WIPO, UNESCO, the European
Commission, the European Parliament or the Council of Europe.
Web: / EU Transparency Register ID: 01953872943-65

FSE (Federation of Screenwriters in Europe) is a network of national and regional associations, guilds and unions
of writers for the screen in Europe, created in June 2001. It comprises 25 organisations from 19 countries,
representing more than 7,000 screenwriters in Europe.
Web: / EU Transparency Register ID: 642670217507-74

IAO (International Artist Organisation) is the umbrella association for national organisations advocating for the
rights and interests of the Featured Artists in the music industry. Our main interests are transparency, the
protection of intellectual property rights and a fair reflection of the value an artist’s work generates.
Web: / EU Transparency Register ID: 490166825799-90

IFJ (International Federation of Journalists) is the world's largest organisation of journalists, representing
600,000 media professionals from 187 trade unions and associations in more than 140 countries.
Web: / EU Transparency Register ID: 999725935832-94

UNI MEI - UNI - Media, Entertainment and Arts unites over 140 unions and guilds to raise standards and enforce
rights for more than 500.000 creatives, technicians and auxiliary workers. Together, our members work for a
fair, inclusive, equal, and sustainable global entertainment industry and a just transformation.
Web: / EU Transparency Register ID: 605859248462-93

UVA (United Voice Artists) is a global coalition of voice acting guilds, associations, and unions that have united
to pursue their shared goals of protecting and preserving the act of creating, in particular, through the human
voice. This collaborative effort brings together prominent associations and unions from the European Union,
including France, Spain, Italy, Germany, Austria, Belgium, and Poland, as well as organizations in Switzerland,
Turkey, the United States of America, Africa and in South America.
Web: / EU Transparency register ID: 810100650765-18