A group of experts, appointed by the European Commission, is drafting the General-purpose AI Code of Practice (CoP). They aim to finalize the draft by April, targeting compliance with the EU’s AI Act. This effort focuses on AI systems like ChatGPT and Google Gemini, addressing transparency, copyright, systemic risks, and mitigation strategies.
Copyright Concerns Raised by Rightsholder Organisations
Fifteen European rightsholder organisations, including News Media Europe and the European Publishers Council, criticized the CoP draft. In a letter to European Commissioner Henna Virkkunen, they argued that the draft contradicts EU copyright rules.
The organisations highlighted problematic language in the draft. For example, instead of requiring lawful access to copyrighted content for AI training, the draft suggests AI providers need only make “reasonable and proportionate efforts.” News Media Europe also raised concerns about restrictive interpretations of copyright rules for text-and-data mining.
They warned that these elements might undermine transparency and prevent rights holders from verifying how their works are used by AI systems. They described the transparency measures outlined in the draft as insufficient and counterproductive to the AI Act’s goals.
Next Steps for the AI Code of Practice
The drafting process for the CoP will continue, with a third version expected by mid-February. Officials stressed the importance of keeping the code abstract to accommodate diverse sectors, from music to written text.
The European Commission may formally adopt the CoP through an Implementing Act under the AI Act. The AI Act itself will fully take effect in August, with specific bans on systems like facial recognition starting on February 2.
Across the Atlantic, copyright concerns have already led to legal disputes involving AI. For example, Sarah Silverman sued Meta and OpenAI in 2023, alleging her memoir was used without permission to train AI models. The ongoing debates underscore the global challenges of aligning AI innovation with copyright protections.
