The European Commission has appointed experts to create a General-Purpose AI Code of Practice (CoP). This CoP will align AI with the upcoming AI Act, set to be published in April. It will address transparency, copyright compliance, and risk assessments.
Copyright Concerns from Rightsholders
Fifteen European organizations, including News Media Europe, have raised concerns about the CoP draft. In a letter to Henna Virkkunen, the EU Commissioner for tech sovereignty, they asked for a review. They believe the draft contradicts existing EU copyright laws.
The main problem lies in how the CoP addresses copyright. While EU law requires AI providers to have clear legal access to copyrighted works for training, the CoP suggests that providers need only make “reasonable and proportionate efforts” to secure lawful access. This approach has drawn criticism from rightsholders, who argue that it limits copyright protection.
Additionally, News Media Europe criticized the CoP for not providing rightsholders with a way to verify if their works are being used by AI. Furthermore, the draft’s transparency rules are not enough to meet the goals of the AI Act.
The Path Ahead
The CoP must balance rules for various industries, such as music, publishing, and technology, while adhering to EU copyright laws. The next version will be published in mid-February. It could then be approved by the European Commission later. The AI Act is expected to be fully implemented by August, with some provisions, including bans on high-risk AI systems like facial recognition, starting on February 2.
Global Issues with AI and Copyright
The EU is not the only region facing challenges in balancing AI innovation and copyright protection. In the United States, copyright disputes have made their way into courtrooms. For example, comedian Sarah Silverman sued Meta and OpenAI in 2023, accusing them of using her memoir without permission to train their AI models.
As the CoP develops, it aims to address these copyright concerns while supporting AI innovation. The goal is to strike a balance between legal and ethical standards and technological progress.
