Cross-posted from C4C’s LinkedIn page – see the original article

The Coalition for Creativity (C4C) recently submitted its comments to the Irish Department of Enterprise, Trade and Employment on the evolving relationship between generative AI, copyright, and related rights. As a diverse coalition representing libraries, research institutions, digital rights advocates, and technology businesses, our mission is to ensure that copyright frameworks foster innovation, access, and creativity while supporting creators.

Here are some key insights from our submission:

1. Balancing Copyright and Innovation: While the EU legal framework, especially the exceptions for text and data mining (TDM), has provided much-needed legal clarity, there’s still a critical need for balance. Restricting AI developers to public domain datasets could lead to biased outputs and reduced innovation. We advocate for copyright policies that encourage responsible AI development by ensuring access to diverse datasets while allowing creators to safeguard their rights.
2. Practical and Granular Tools for Opt-Out Mechanisms: Current opt-out tools are a positive start but lack the granularity needed for today’s complex AI environment. We recommend introducing more refined mechanisms that differentiate between full opt-outs (e.g., for TDM) and opt-outs specific to generative AI training. Importantly, any new policies must avoid retroactively applying opt-out decisions to models that have already been trained.
3. Protecting Quality and Cultural Diversity: A potential “data winter” is already on the horizon if access to diverse datasets is unduly restricted. This not only risks stifling innovation but also threatens the cultural richness that AI tools can reflect. A wide variety of datasets is essential to ensure fairness and avoid biases in AI-generated content, which is why we stress the importance of policies that support both creativity and diversity.
4. Copyright and AI-Generated Works: The question of whether AI-generated works should qualify for copyright protection is a complex one. C4C’s position is that any copyright protection should depend on the level of human creative intervention. Extending copyright to fully AI-generated works runs counter to the core principle of copyright, which is to incentivize human creativity.
5. Opposing New Sui Generis Rights: We strongly oppose the introduction of additional sui generis rights for AI-generated content. The experience with the EU Database Directive has shown that such rights often create unnecessary legal complexities and hinder rather than help innovation. A balanced framework, not additional layers of proprietary rights, is the way forward.
6. Ensuring Fair Access to Data: Lastly, it’s crucial that smaller AI developers are not locked out of access to high-quality data. Disproportionate restrictions or overly burdensome licensing regimes would tilt the playing field in favor of larger developers and could lead to a monopolization of AI development. Policies should ensure that diverse datasets are accessible, particularly for smaller entities that drive much of the innovation in AI.

Conclusion

As AI continues to reshape industries and society, the copyright frameworks governing its use must remain flexible and forward-thinking. C4C is committed to advocating for policies that protect creators while also ensuring that AI can thrive as a tool for creativity, innovation, and public benefit.

For detailed insights, see our full submission.