IA Milestone: Press wants remuneration for authors of works – 04/09/2024 – Tech

Twenty-six entities and organizations, including the ABI (Brazilian Press Association), the ANJ (National Newspaper Association) and the OAB (Brazilian Bar Association), sent a letter to the Federal Senate asking that the regulatory framework for intelligence artificial preserves the copyright of journalists and artists and guarantees the remuneration of professionals when the tools use their work.

Minister Alexandre Padilha (Institutional Relations) stated this Monday (8) that there is an environment to vote “as quickly as possible” on the bill that deals with the topic. He also announced that the federal government will support the report by opposition senator Eduardo Gomes (PL-RO).

The central point of the entities’ claim is about so-called generative artificial intelligence, in which algorithms stimulate machine learning, making them capable of producing new content from the mining of information and data on a large scale in databases available on the internet.

In many of these cases, they argue, the variation in information co-opted by these tools makes it very difficult to identify where such information was extracted from, which makes it difficult to locate the author of that content.

“This is a clear violation of intellectual property rights, which devalues ​​original works, harms authors and owners and causes enormous losses for the creative industry, and it is imperative to prevent the prevalence of this harmful scenario”, they state.

“In this sense, as a way of preserving society, it is important to guarantee mining through secure, impartial databases, free from ideological tendencies and that are accessed without violating the rights of third parties, including intellectual property rights, in order to avoid misuse that may reproduce models that are harmful to the legitimate interests of copyright holders”, they state.

The entities also state that productions of news, historical or professional journalistic content “can be distorted to generate misinformation and false news, damaging public debate, reputations and brands”.

To the senators, the entities ask that the bill that deals with the topic determines that the author of the work used by the AI ​​tool is consented to its use and is remunerated for it. They also claim that content generated by AI is not similar to or protected by intellectual property rules.

See the recommendations in full

Given this, a fair and protective rule for copyright holders must ensure their exclusive right to:
a) Consent, to ensure respect for the Copyright Law and know in advance which works and productions will be used in AI training, including journalistic content.
b) Control, to preserve transparency, accountability and quality of databases, preserve moral rights and understanding of results.
c) Be remunerated, recognizing the value of creation and the need for due payment to creators and copyright holders.

Therefore, to guarantee intellectual property rights, PL 2338/2023 must have a clear provision to establish that:
a) The use of protected works and productions for data mining and development of AI tools must be subject to prior authorization.
b) Content generated by AI cannot be similar to or protected by intellectual property standards.
c) Although the creative industry sectors do not find space for new exceptions and limitations to copyright, if the legislation introduces any provision in this regard, the exceptions and limitations of text and data mining and the development of AI tools must be restricted and subject to the three-step test provided for in Brazilian law and international treaties, which regulate the principles of copyright, always preserving the prerogative of the copyright holder to authorize or prohibit the use of their work or production. Exceptions should never be considered or used for data mining or commercial training, and non-commercial uses should only be permitted in certain situations established by clear guidelines and never allow unjustified harm to copyright holders.
d) The training of AI systems and the application of algorithms by services must be transparent and allow copyright holders to control and monitor the use models of their works and productions.
e) It is important that the rules establish the objective civil liability of AI developers as a regime applicable to damages caused by the technology.
f) The burden of proof must always fall on AI developers.
There is no doubt that AI will represent a strategic tool for economic and social development, but this can never mean replacing the creation and centrality of the human being in the face of cultural expressions, which represent the true strength of innovation and creativity.

The entities that signed the letter

• Brazilian Bar Association
• Institute of Brazilian Lawyers
• Brazilian Association of Radio and Television Broadcasters
• Pro-Música Brasil
• Association Search for Knowledge
• Brazilian Press Association
• National Newspaper Association
• Brazilian Union of Composers
• Brazilian Association of Music and Arts
• Independent Society of Composers and Musical Authors
• Association of Interpreters and Musicians
• Brazilian Society for the Administration and Protection of Intellectual Rights
• Brazilian Independent Music Association
• Central Collection and Distribution Office
• Brazilian Society of Authors, Composers and Music Writers
• Association of Musicians, Arrangers and Conductors
• Brazilian Union of Music Publishers
• Brazilian Copyright Association
• Brazilian Association of Visual Authors’ Rights
• Brazilian Cinema and Audiovisual Directors
• Copyright Management Screenwriters
• Interartis Brazil
• Brazilian Book Chamber
• National Union of Book Editors
• Brazilian Association of Books and Educational Content
• Brazilian Association of Reprographic Rights