Por: Carlos A. FERREYROS SOTO
Doctor en Derecho
Universidad de
Montpellier I Francia.
RESUMEN
Hoy 13 de octubre, entre las 16:00 y 18:30, se examinan las enmiendas a los Derechos de autor e inteligencia artificial generativa: oportunidades y desafíos (2025/2058(INI), en el Comité de Asuntos Jurídicos, Bruselas, SPINELLI, 1E-2 - Ponente: Axel VOSS (PPE, DE).
La reunión se centra en las enmiendas a los derechos de autor y la inteligencia artificial generativa, para examinar los desafíos y las oportunidades asociados. Particularmente a:
· los Desafíos jurídicos de la IA generativa;
· la Transparencia y responsabilidad de los proveedores
de IA;
· su Impacto sobre la industria creativa europea;
· la Necesidad de un marco jurídico adaptado;
· la Urgencia de un marco jurídico claro;
· el otorgamiento de Licencias y transparencia para la
IA;
· la creación de un Registro de cláusulas de exclusión;
· la Obligación de transparencia para los desarrolladores; y
· la Adaptación de los derechos de autor a la tecnología.
Se incluyen al presente Resumen, un Resumen específico adjunto, el Proyecto del Informe y las 370 Enmiendas Presentadas a la Comisión Europea en inglés.
Este artículo debiera ser concordado con uno anterior sobre "Armonización antes que promoción de la IA en Perú?": en el cual se advierte una mayoritaria aceptación por la Ley N° 31814 y Reglamento que promueve el uso de la IA en el Perú sin antes haber evaluado su impacto con otras normas, como en este caso, sobre IA y una de las formas de Propiedad Intelectual, el derecho de autor.
A fin de acceder a normas similares y
estándares europeos, las empresas, organizaciones públicas y privadas
interesadas en asesorías, consultorías, capacitaciones, estudios, evaluaciones,
auditorías sobre el tema, sírvanse comunicar al correo electrónico: cferreyros@hotmail.com
_________________________________________________
European Parliament
2024-2029
RESUMEN ESPECÍFICO
Derechos de autor e IA generativa
El Parlamento
Europeo aborda los desafíos y las oportunidades relacionados con los derechos
de autor en el contexto de la inteligencia artificial generativa.
- La propiedad intelectual es un derecho fundamental
en virtud del artículo 17 de la Carta de los Derechos Fundamentales de la
UE.
- La IA generativa crea contenidos imitando la
creatividad humana, a menudo utilizando obras protegidas.
- Los derechos de autor confieren derechos exclusivos
para reproducir, adaptar y distribuir obras.
- Una remuneración justa por el uso de contenido
protegido es esencial para la sostenibilidad de la industria creativa en
Europa.
Desafíos jurídicos de la IA generativa
Los desafíos
jurídicos alrededor de la IA generativa requieren una aclaración sobre el uso
de obras protegidas.
- El uso de contenido protegido para entrenar modelos
de IA enfrenta problemas de legalidad.
- La Directiva sobre derechos de autor no cubre
específicamente el entrenamiento de la IA generativa.
- Es necesaria una evaluación exhaustiva del marco
legal actual para abordar la inseguridad jurídica.
Transparencia y responsabilidad de los
proveedores de IA
La
transparencia en el uso de los contenidos protegidos por parte de los
proveedores de IA es crucial para proteger los derechos de autor.
- Los proveedores de IA deben proporcionar una lista
detallada del contenido protegido utilizado para el entrenamiento.
- Un registro centralizado gestionado por la European
Union Intellectual Property Office, EUIPO
podría facilitar la gestión de las exclusiones voluntarias.
- En caso de incumplimiento de las obligaciones de
transparencia debería dar lugar a una presunción de infracción de los
derechos de autor.
Impacto sobre la industria creativa
europea
La IA
generativa plantea riesgos para la competitividad y la viabilidad de la
industria creativa en Europa.
- Los sistemas de IA generativa pueden competir
directamente con las obras de los creadores sin compensación.
- Se propone una remuneración inmediata del 5-7% de la
facturación global para equilibrar los intereses.
- La protección de los derechos de autor es esencial
para preservar la diversidad y la calidad de la información.
Necesidad de un marco jurídico
adaptado
Es necesario
un marco jurídico específico para la IA generativa a fin de equilibrar la
innovación y la protección de los derechos.
- Se recomienda una excepción específica a los
derechos de autor para la formación de la IA generativa.
- Debe garantizarse la compatibilidad con las
directivas vigentes para evitar conflictos legales.
- Es crucial reevaluar el principio de territorialidad
para proteger los contenidos europeos a nivel mundial.
Urgencia de un marco jurídico claro
La situación
actual genera una importante inseguridad jurídica que requiere medidas
inmediatas para establecer un marco jurídico claro.
- La Comisión debe actuar sin esperar a que se revise
la legislación vigente.
- La creación de valor agregado se está desplazando a
otras regiones ante la falta de una normativa clara.
- Es necesario regular los conflictos de intereses
para reducir las tensiones.
Licencias y transparencia para la IA
Es
fundamental que los desarrolladores de IA puedan obtener licencias de forma
sencilla y transparente.
- Las licencias deben ser accesibles digitalmente para
facilitar su adquisición.
- Los creadores deben poder decidir sobre el uso de
sus obras y deben contar con una cláusula de exclusión voluntaria.
- La cláusula de exclusión debe estar estandarizada y
ser legible por máquina para facilitar su reconocimiento.
Registro de cláusulas de exclusión
Un registro
europeo de cláusulas de exclusión podría simplificar el proceso para los
desarrolladores de IA.
- La EUIPO debería gestionar este registro para
identificar las obras protegidas.
- Solo las obras con una cláusula de exclusión o las
obras registradas pueden protegerse para este tipo de uso.
- Se podría vincular un proceso de licencia a este
registro, creando una "ventanilla deben cumplir con la obligación de
transparencia en relación con el uso de única".
Obligación de transparencia para los
desarrolladores
Los
desarrolladores de IA contenido protegido deben respetar una obligación de
transparencia concerniente el uso de los contenidos protegidos
- Ellos deben proporcionar una lista detallada de los
contenidos utilizados para los nuevos tipos de uso.
- El resumen actual del Reglamento de IA se considera
insuficiente para aclarar el uso de los contenidos.
- En caso de secretos comerciales, se podría recurrir
a un intermediario para informar a los creadores.
Adaptación de los derechos de autor a
la tecnología
Los derechos
de autor deben adaptarse a los avances tecnológicos y armonizarse a nivel
europeo.
- Es necesaria una mayor armonización de las
legislaciones nacionales para afrontar los retos actuales.
- El uso indebido y la manipulación de la información
deben considerarse cuidadosamente en el marco de la legislación.
- La protección de las obras debe incluir medidas contra el uso no autorizado en el contexto numérico.
____________________________________________
|
· 2024-2029 |
<Commission>{JURI}Committee on Legal Affairs</Commission>
<RefProc>2025/2058</RefProc><RefTypeProc>(INI)</RefTypeProc>
<Date>{27/06/2025}27.6.2025</Date>
<TitreType>DRAFT REPORT
(Proyecto del Informe)</TitreType>
<Titre>on Copyright and generative artificial intelligence – opportunities and
challenges</Titre>
<DocRef>(2025/2058(INI))</DocRef>
<Commission>{JURI}Committee on Legal Affairs</Commission>
Rapporteur: <Depute>Axel Voss</Depute>
PR_INI
CONTENTS
Page
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION................... 3
EXPLANATORY STATEMENT.................................................................. 10
ANNEX: ENTITIES OR PERSONS FROM WHOM THE
RAPPORTEUR HAS RECEIVED INPUT.............................................................................. 15
MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION
on Copyright
and generative artificial intelligence – opportunities and challenges
(2025/2058(INI))
The European Parliament,
– having regard to the
Treaty on the Functioning of the European Union, in particular Articles 4, 16,
26, 114 and 118 thereof,
– having regard to
Article 17(2) of the Charter of Fundamental Rights of the European Union,
– having regard to
Article 27 of the Universal Declaration of Human Rights, adopted by the United
Nations General Assembly on 10 December 1948 (Resolution 217 A), which affirms
both the right to freely participate in the cultural life and the right to the
protection of the moral and material interests resulting from any scientific,
literary, or artistic production,
– having regard to the
Berne Convention for the Protection of Literary and Artistic Works,
– having regard to the
Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) of
15 April 1994,
– having regard to
Directive 96/9/EC of the European Parliament and of the Council of 11 March
1996 on the legal protection of databases (Database Directive)[1],
– having regard to
Directive 2001/29/EC of the European Parliament and of the Council of 22 May
2001 on the harmonisation of certain aspects of copyright and related rights in
the information society (InfoSoc Directive)[2],
– having regard to
Directive 2004/48/EC of the European Parliament and of the Council of 29 April
2004 on the enforcement of intellectual property rights[3],
– having regard to
Article 1 of Protocol No. 1 to the European Convention for the Protection of
Human Rights and Fundamental Freedoms (ETS No. 009), which guarantees the right
to the peaceful enjoyment of possessions and has been interpreted by the
European Court of Human Rights as encompassing intellectual property rights,
including in Anheuser-Busch Inc. v. Portugal (11 January 2007),
– having regard to
Directive 2009/24/EC of the European Parliament and of the Council of 23 April
2009 on the legal protection of computer programs[4],
– having regard to
Regulation (EU) 2016/679 of the European Parliament and of the Council of 27
April 2016 on the protection of natural persons with regard to the processing
of personal data and on the free movement of such data, and repealing Directive
95/46/EC[5],
– having regard to
Directive (EU) 2016/943 of the European Parliament and of the Council of 8 June
2016
on the protection of undisclosed know-how and business
information (trade secrets) against their unlawful acquisition, use and
disclosure[6],
– having regard to
Regulation (EU) 2018/1807 of the European Parliament and of the Council of 14
November 2018 on a framework for the free flow of non-personal data in the
European Union[7],
– having regard to
Directive (EU) 2019/790 of the European Parliament and of the Council of 17
April 2019 on copyright and related rights in the Digital Single Market and
amending Directives 96/9/EC and 2001/29/EC[8]
(CDSM Directive),
– having regard to
Directive (EU) 2019/1024 of the European Parliament and of the Council of 20
June 2019 on open data and the re-use of public sector information[9],
– having regard to
Regulation (EU) 2019/1150 of the European Parliament and of the Council of 20
June 2019 on promoting fairness and transparency for business users of online
intermediation services[10],
– having regard to the
Commission White Paper of 19 February 2020 on Artificial Intelligence - A
European approach to excellence and trust (COM(2020)0065),
– having regard to the
World Intellectual Property Organisation (WIPO) Copyright Treaty and the
Revised Issues Paper on Intellectual Property Policy and Artificial
Intelligence (WIPO/IP/AI/2/GE/20/1 REV) of 29 May 2020,
– having regard to the
Parliament resolution on Intellectual property rights for the development of
artificial intelligence technologies of 20 October 2020,
– having regard to
Regulation (EU) 2022/868 of the European Parliament and of the Council of 30
May 2022 on European data governance (DGA)[11],
– having regard to
Regulation (EU) 2023/2854 of the European Parliament and of the Council of 13
December 2023 on harmonised rules on fair access to and use of data (Data act)[12],
– having regard to
Regulation (EU) 2024/1689 of the European Parliament and of the Council of 13
June 2024 laying down harmonised rules on artificial intelligence (AI Act)[13],
– having regard to Rule
55 of its Rules of Procedure,
– having regard to the
report of the Committee on Legal Affairs (XXXX/2025),
Context
A whereas the right to
property, including intellectual property, is enshrined as a fundamental right
in Article 17 of the Charter of Fundamental Rights of the European Union;
B. whereas the European
Union faces the strategic challenge of lagging behind international
developments in the field of artificial intelligence; whereas it is therefore
essential to promote, rather than impede, the advancement of AI technologies
within the Union in order to safeguard Europe’s technological sovereignty,
competitiveness, and capacity for innovation;
C. whereas copyright and
related rights come into effect automatically and confer extensive exclusive
rights, including those to reproduce works and other subject matter and adapt,
distribute and communicate them to the public;
D. whereas generative AI
(GenAI) is a type of artificial intelligence that, unlike traditional AI
systems that only classify or predict, creates content, such as text, images,
music, videos and code, often mimicking human creativity, thereby relying on
pre-existing content, including copyright-protected materials;
E. whereas the
development, the deployment and the use of artificial intelligence must be
fully compliant with the existing legal framework; whereas it is unacceptable
that such technological advancements disregard established rights, in
particular those enshrined in copyright law;
F. whereas the key legal
questions about the interplay between GenAI and copyright and related rights
include whether the new kind of use of copyrighted works and other subject
matter in training datasets is lawful under EU law and what the status of
AI-generated content should be;
G. whereas the reference
to the CDSM Directive in the AI Act is inadequate and fails to provide an
appropriate and proportionate solution; whereas copyright and related rights,
as fundamental rights enshrined in the Charter of fundamental rights of the
European Union, are not overridden by the AI Act;
H. whereas fair
remuneration for the use of protected content is the backbone of the creative
industry in Europe; whereas the use of content protected by copyright and
related rights as training data for generative AI models, without remuneration
to rights holders, creates a systemic imbalance in the copyright ecosystem to
their detriment, thereby undermining the economic sustainability of the
creative sector in the European Union, particularly given that, at present,
rights holders cannot easily or effectively exercise their right to opt out
from the exception provided for in Article 4 of the CDSM Directive, nor verify
whether their opt-out has been respected;
I. whereas ensuring
proper enforcement of the law and a level playing field across the Union
requires that European rules on copyright and related rights apply uniformly to
all AI providers deploying products or offering services within the European
Union, irrespective of their place of establishment and of where any use of
protected content took place prior to such deployment or offer;
GenAI training
J. whereas Article 4 of
Directive (EU) 2019/790 on copyright and related rights in the Digital Single
Market (CDSM Directive) introduced an exception for the reproduction and the
extraction of works and other subject matter for the purpose of text and data
mining (TDM), which, under Article 2 of that Directive, is defined as ‘any
automated analytical technique aimed at analysing text and data in digital form
in order to generate information [...]’; whereas Article 4 was neither drafted
nor intended to regulate the specific practices involved in AI training;
K. whereas this new and
specific form of use (GenAI training) requires a clarification of the legal
conditions under which such training may be conducted;
L. whereas high-quality
and comprehensive training datasets are essential for the effective development
of GenAI systems and to secure high-quality and trustworthy outputs of GenAI
systems; whereas enabling the lawful use of such datasets within the European
Union is therefore crucial to fostering innovation, ensuring technological
sovereignty, and maintaining the Union’s competitiveness in the rapidly
evolving global AI landscape;
M. whereas the upcoming
launch of the EUIPO Copyright Knowledge Centre would represent a timely and
commendable initiative aimed at strengthening the interface between copyright
and emerging technologies, particularly GenAI;
N. whereas, in addition to
a standardised machine-readable opt-out, rights holders should also have the
possibility to register such opt-out in a centralised registry, using a single
technological standard and in machine-readable format, potentially managed by
the European Union Intellectual Property Office (EUIPO), thereby enabling the
effective exclusion of registered works from automated data crawling;
O. whereas any GenAI
provider should ensure full and detailed transparency concerning all
copyright-protected content used to train that system, irrespective of the
jurisdiction in which the copyright-relevant acts underlying the training were
performed; whereas this transparency shall consist in an itemised list
identifying each copyright-protected content used for training; whereas the
same requirement should apply mutatis mutandis to any subsequent use of content
for inference, retrieval-augmented generation or fine-tuning not only by
providers of AI models, as currently stipulated by Article 53 AIA, but also by
providers or deployers of AI systems;
P. whereas such
transparency could be facilitated through a trusted intermediary, such as the
European Union Intellectual Property Office (EUIPO), which would be responsible
for notifying rights holders of the use of their content, thereby enabling them
to assert claims in relation to its use for training; such an intermediary
should be endowed with the necessary powers and resources to assess whether
providers and deployers comply fully with the transparency obligations;
Q. whereas, as an
alternative to the aforementioned EUIPO register, transparency could also be
achieved by enabling rights holders to watermark their works and other
protected subject matter, and by requiring AI providers to make available
search tools that allow for the detection of such watermarks among the
materials used for training;
R. whereas, in addition to
the obligation of full transparency concerning copyright-protected works and
other protected subject matter, there is a need to establish a mechanism
whereby, under certain conditions, the failure by AI providers or deployers to
provide complete transparency shall give rise to an irrebuttable presumption
that any relevant copyrighted work or other protected subject matter has been
used for training purposes, thereby triggering all applicable legal
consequences under Union and national law for the infringement of copyright or
related rights; whereas, where a court finds in favour of a rights holder on
the basis of either such a presumption or of submitted evidence, all reasonable
and proportionate legal costs and other expenses shall be borne by the AI
provider;
S. whereas there is a
knowledge gap among GenAI providers, especially smaller firms, regarding their
copyright obligations under EU law;
T. whereas the press
sector holds a vital role in safeguarding democracy and the democratic
structure within the European Union; whereas it is essential to ensure that
GenAI models and systems do not engage in selective processing that favours
certain publications over others, thereby preserving the plurality and
impartiality of information; whereas GenAI models and systems must be designed
to incorporate and consider the full spectrum of press publications to uphold
fundamental democratic values of diversity and fairness in public discourse;
whereas there is a need to establish clear quality standards for GenAI models
and systems;
GenAI output
U. whereas transparency
regarding the output generated by artificial intelligence systems is essential
to enable proper classification of works as ‘human-created’ or otherwise;
whereas such classification entails significant legal consequences, including
for the applicability of copyright protection and the determination of rights
and liabilities;
V. whereas the generation
of outputs, characteristic of GenAI, can infringe the rights of reproduction,
of making available to the public, or of communication to the public; whereas
the TDM exception as provided for in article 4 of the CSDSM does not cover the
right of making available to the public or the right of communication to the
public;
X. whereas, when it comes
to the legal treatment of GenAI outputs, EU copyright law remains grounded in
the principles of human authorship; whereas according to the settled case law
of the Court of Justice of the European Union, the concept of a ‘work’ entails
two cumulative conditions: first, it must be an original subject matter that
reflects the author’s own intellectual creation; second, that creation must be
expressed in a manner that makes it identifiable with sufficient precision and
objectivity;
Y. whereas inconsistent
international regulation regarding the copyright eligibility of AI-generated
content poses a risk to the global coherence of intellectual property law and
may give rise to regulatory arbitrage or undermine the competitiveness of the
Union’s creative and AI sectors; whereas international convergence and the
establishment of a global regulatory framework would provide a more effective
and coherent alternative to the current fragmentation of legal approaches;
Z. whereas, to the extent
permitted by international law, the existing principle of territoriality needs
to be adapted for the training of GenAI systems in order to ensure that
training with European content is subject to European law even if it is
realised outside the EU;
1. Recommends that the
Commission, independently of its planned review of the copyright framework and
the CDSM Directive and without presupposing the need for legislative revision,
urgently conduct a thorough assessment of whether the existing EU copyright
acquis adequately addresses the legal uncertainty and competitive effects
associated with the use of protected works and other subject matter for the
training of generative AI systems, as well as the dissemination of AI-generated
content that may substitute human-created expression;
2. Further recommends
that such assessment aims to uphold a framework in which fair remuneration
mechanisms enable the generation of the resources needed for European artistic
and creative production to thrive in the context of AI-driven global
transformation;
3. Notes the use of
generative AI systems that rely on protected content without authorisation
from, or compensation to, the rights holders affected by such use, particularly
when integrated into search engines or other digital services that enable the
generation, often in real time and at marginal cost, of content that imitates
or directly draws upon original works and other protected subject matter on
which the models were trained or that was scraped, including in real time, by
such models; is alarmed that these practices may result in the provision of
products and services that directly compete with those of the rights holders;
4. Calls on the
Commission to immediately impose a remuneration obligation on providers of
general-purpose AI models and systems in respect of the novel use of content
protected by copyright or related rights, with such obligation applying until
the reforms envisaged in this report are enacted;
5. Encourages the
Commission to coordinate efforts on raising awareness on copyright among AI
developers, which may include compliance checklists, legal and technological
toolkits, and technical guides;
6. Supports the
clarification of the TDM exception under Article 4 CDSM as regards the main
flaws and ambiguities detected thus far in its application, especially as
concerns the establishment of a clear machine-readable standard for the opt-out
and the concept of ‘lawful access’;
7. Believes that a legal
framework for GenAI should be established either through the introduction of a
dedicated exception to the exclusive rights to reproduction and extraction,
distinct from that provided for TDM under Article 4 of the CDSM Directive, or
by expanding the scope of that provision to explicitly encompass the training
of GenAI, which is currently not covered; stresses that rights holders shall
have the right to opt out through a standardised, machine-readable mechanism;
8. Recommends that the
Commission ensures the compatibility of this new GenAI legal framework with the
three-step test of Article 5(5) InfoSoc Directive;
9. Recommends assigning
the EUIPO responsibility for setting up and managing a central register of
opt-outs and, where necessary, for mediating the licensing process, so as to
streamline relations between GenAI providers and rights holders, establishing a
workable, innovation-friendly framework that supports the Union’s
competitiveness without unduly hindering the development of AI technologies;
further recommends that both opt-out declarations and licence offers be
recorded in machine-readable form in the same register;
10. Calls on the Commission
to propose the full, actionable transparency and source documentation by
providers and deployers of general-purpose AI models and systems, with regard
to the use of any copyright-protected work or other protected subject matter
for any purpose, including for inferencing, retrieval-augmented generation, or
fine-tuning, taking into due account the need to protect trade secrets and
confidential business information;
11. Calls on the Commission
to propose the establishment of an irrebuttable presumption that, for any
general-purpose AI (GenAI) model or system placed on the Union market, works
and other subject matter protected by copyright or related rights have been
used for its training where the statutory transparency obligations set out in
this resolution have not been fully complied with; further recommends that,
where a rights holder succeeds in legal proceedings either on the basis of this
presumption or through submitted evidence, any reasonable and proportionate
legal costs and other expenses incurred in enforcing such rights shall be borne
by the provider of the AI model or system;
12. Insists that
AI-generated content should remain ineligible for copyright protection, and
that the public domain status of such works be clearly determined;
13. Calls on the Commission
to explore measures to counter the infringement of the rights of reproduction,
of making available to the public and of communication to the public through
the production of GenAI outputs;
14. Instructs its President
to forward this resolution to the Council, the Commission, and the governments
and parliaments of the Member States.
With the
ever-advancing digital and technological development, notably as regards AI and
the so-called Generative Large Language Models, some rights such as copyright,
the right to privacy and the right to non-discrimination are being devalued as
it is becoming extremely difficult to enforce them without an enormous legal
and financial risk to the rights holders.
This
creates huge legal uncertainties for all parties involved. However, if the
European legislator, through its lengthy procedures and a lack of courage,
continues to refuse to tackle the crucial issues head on, the EU and its actors
will always be left at a disadvantage and further dependencies will be created.
Therefore,
the principle that must apply is that technological developments must respect
existing laws while, on the other hand, existing laws must not hinder
technological developments. This urgently calls for workable solutions, which
are currently not being provided by market participants on either side, with
technological developments colliding with copyright, such that they appear no
longer compatible with each other. It is likely that perfect, comprehensive
solutions will no longer be possible.
For this
reason, the European legislator needs to strike a fair balance between the
interests of all stakeholders at the earliest opportunity. It would also be
desirable to find a permanent workable solution to avoid having to protect
copyright claims against new technologies every five or six years. A ‘General
Copyright Protection Regulation’, akin to the General Data Protection
Regulation, could be helpful in this regard. The AI liability proposal ought to
have provided procedurally swifter solutions. However, owing to a lack of
strategic long-term vision on the part of various actors, this is now to be
withdrawn (this being probably legally dubious) so that legal uncertainty will
persist.
This
report therefore is an attempt to bring a workable balance between new
technology and copyright closer. This will require a combination of legal,
technical and technological solutions.
The
political context for the EU is not easy because:
1) in geopolitical terms, guiding values are
diverging in the ‘West’;
2) European AI development is severely lagging
behind and needs to be promoted without additional ‘obstacles’;
3) the current added value in digital
development is being generated by large tech companies in the US, to the
detriment of the European creative sector.
This
report therefore also aims to support and promote the development of AI in
Europe. After all, Europe needs AI to drive the digitalisation that is
essential in our globalised world. The opportunities for European progress are
immense and must under no circumstances be left untapped. However, we also want
AI systems in Europe that meet certain requirements as regards quality and
trustworthiness, and this can only be achieved with quality data belonging to
content creators.
At the
same time, we also want to preserve copyright protection for the works of our
creative sectors and cultural professionals. European culture constitutes a
fundamental part of our identity. European added value in the creative sectors
is immense and it should not be possible to use it without compensation. This
novel use of protected content (training data, data used for generative output)
must therefore be remunerated. Only thus can European cultural professionals
create the economic basis for the generation of further content.
In this
context, the copyright-related rights relating to the content of press
publishers play an additional special role for our European understanding of
democracy and the rule of law. Freedom of the press, freedom of opinion and
freedom of information must under no circumstances be undermined or subjugated
by artificial intelligence, in particular where, as is currently the case,
digital access and digital ‘distribution’ of information are increasingly
taking place through search engines and AI and, in the case of generative AI,
are also influenced by bots, all this being in the hands of a few companies.
The control of information and disinformation, whether bot-driven or not, as
well as deepfakes and the resulting interference in elections or influencing of
public opinion, is extremely dangerous. Plurality and diversification of
opinion in this context must therefore be guaranteed in the form of an
independent press. This means that the processing of content in an automated
and generative manner must trigger a commensurate compensation. However, it is
also important for press publishers that they remain identifiable to users.
This may require an obligation to cite sources.
In this
connection, the comparable situation of so-called paywalls, the data behind
which is not always solely copyright-protected material – though at times it is
– should also be examined.
However,
under the current situation, it must also be assumed that a slowly developing
licensing market will no longer encompass all market participants. This means
that not every press publisher or not all copyright-protected content is needed
to provide training material for a fee, so that market participants lacking in
bargaining power may no longer be taken into consideration if they demand
compensation. A solution, if it is even necessary at this point, will probably
only be possible by means of flat-rate fees or a stronger organisation to pool
bargaining power. It is, however, questionable whether all parties would want
to embark on such a path.
While
this should mainly be left to the market participants, the question arises –
given the generative AI systems that are offered worldwide –as to whether only
‘global licences’ will in future play a role in licensing.
Since
this ‘copyright-protected’ data has been used for years (at least since late
2022) without a licence or other authorisation from the creators, consideration
must also be given to the extent to which compensation should also be paid
retroactively.
In any
event, the European legislator or the European Commission should, pending the
introduction of an appropriate provision to address this problem, establish an
immediate, simple, flat-rate copyright fee for this use of 5 to 7% of global
turnover in order to compensate for the added value that these businesses
generate using the data of European creatives and to ensure it remains in
Europe.
Of
course, this also calls for a reassessment of the territoriality principle, as
already envisaged in the AI Act. We cannot allow AI models to be trained just
anywhere in the world using European copyright-protected data only for them to
be then made available in Europe.
In the
future, there may also be a need for a democratic legislator having to either
review or standardise the quality of the basic data used by generative ‘Large
Language Models’. In the future, it may
also be necessary for the legislator to require such AI developers to include
copyright-protected works in order to maintain the quality of those models.
On the
other hand, we should also use AI to enhance the independence and diversity of
high-quality information.
AI also
needs access to copyright-protected works in order to develop further in terms
of quality. In recent years, therefore, a huge amount of content has been used
by AI developers mainly, but not solely, for training purposes. Such training
constitutes a completely novel use of content, to which the existing copyright
rules are applicable only to a limited extent.
Currently,
the lack of compensation results in enormous legal uncertainty. A legally clear
solution to this source of conflict is required with the utmost urgency. As
long as there is no clear legal framework regulating conflicting interests, European
content will be used with the added value being generated elsewhere. The
Commission must therefore take immediate action[14] without
waiting for possible reviews of, for instance, the Copyright Directive or the
AI Act.
A
solution must arise from the interplay between licensing possibilities and
transparency requirements on the basis of international law and the resulting
right of disposal of the content creator.
Thus, a
reference to Article 4 of the DSM Directive is still not sufficient and
probably not in line with international copyright principles. The European
legislator incorporated Article 4 in the AI Act without, however, having
clearly established the consequences. The current exemption in Article 4
allowing text and data mining under the conditions specified was not drafted
with the intention of enabling the use en masse of copyright-protected material
by all through generative AI. And certainly not where it also leads to the
creation of a competitive product accessible to the public.
Nevertheless,
even if in the opinion of the rapporteur Article 4 is not applicable, we
need a similar possibility allowing developers of AI to obtain licences for
copyright-protected works in as straightforward and technically easy to
implement manner as possible. This is best done digitally. Moreover, the
rationale of Article 17 of the DSM Directive should also be taken into
account.
At the
same time, it is important to ensure that rights holders are still able to
decide whether – or not – and how (licencing) their content can be utilised for
this new type of use. Right-holders must be given the right to an opt-out.
However,
for this to be recognised easily and unhindered by AI developers, it must be
machine-readable and standardised[15]. It
must also be the responsibility of the rights holder to make use of this
opt-out in a legally and practically certain manner.
In order
to make implementation as simple as possible for AI developers, it seems
necessary to record the opt-out in a European register. It would therefore seem
appropriate for such a register to be maintained by EUIPO. The AI developer
would thus have the possibility either to respect the standardised,
machine-readable opt-outs or to identify through the register which works may
not be used without permission.
On the
other hand, only content protected with an opt-out or registered can still be
protected from this type of use. It would even be possible to link the
licensing process to this register, thereby simplifying matters and creating a
kind of ‘one-stop-shop’ for AI developers.
As
rights holders are not and cannot be aware whether their content is being used
in this novel way, a transparency requirement is essential. This transparency
requirement would oblige AI developers to provide a comprehensive and detailed
list of the protected content they have drawn on for this novel use. The
‘sufficiently detailed summary’ provided for by the AI Act has so far been
completely inadequate since it cannot provide clarity regarding the use of
content precisely because it is a summary.
An interpretation which can also be used in the context of copyright law
is therefore necessary here.
If, for
example, reasons such as trade secrets preclude access to this data base in the
form of transparency that is relevant to the content creator, the obligation
must be fulfilled through a trust as an intermediary. Here too, EUIPO could act
as the intermediary. It could then inform the rights holders of the use made of
their work.
The
transparency obligation can also be fulfilled by requiring labelling of the
copyrighted work, e.g. watermarks[16] or the
like, and allowing rights holders to cross-check this either through access to
the basic AI model or via the register. In a digital world, a digital
fingerprint on the protected works seems essential anyway.
The
legislator will probably also have to resolve the issue that not every private
website containing a copyright-protected image is automatically excluded from
the training data.
Abuse,
manipulation of information, legal assumptions, reversal of the burden of proof
or even the very strong legal remedy of liability must be considered or weighed
very carefully at all times and at every step of the way.
In
addition to considering how to solve this problem, copyright law needs
generally to be adapted to technological developments. This will require
further European harmonisation of Member States’ national copyright laws.
ANNEX: ENTITIES OR PERSONS
FROM WHOM THE RAPPORTEUR HAS RECEIVED INPUT
Pursuant to Article 8 of Annex I to the Rules of Procedure,
the rapporteur declares that he received input from the following entities or
persons in the preparation of the draft report prior to the adoption thereof in
committee:
|
Entity
and/or person |
|
ITI - Information Technology Industry
Council |
|
Spitzenorganisation der Firmernwirtschaft |
|
Fdup |
|
Linklaters LLP |
|
Mazagan |
|
NBCuniversal |
|
The lnternation Federation of Film Distributors' and Publishers' Associations |
|
Allianz |
|
Digital Music Europe |
|
IFRRO |
|
Duke University |
|
Masaryk University (PhD Candidate, Intellectual Property Law) |
|
Microsoft |
|
Meseuro srl |
|
AK Public Affairs |
|
The Computer & Communications Industry Association |
|
Zukunftfabrik2050.de |
|
SACO |
|
Liccium B.V. |
|
European Blockchain Association |
|
France Digitale |
|
ACT Al NOW |
|
Alliance de la Presse d'lnformation Generale |
|
IFRRO |
|
KPMG
Law |
|
TikTok |
|
MFE-MEDIAFOREUROP
EN.V. |
|
Hanbury Strategy |
|
VAUNET |
|
EBU / UER - European Broadcasting Union |
|
University of Turin; Eindhoven |
|
VAUNET - Verband Privater
Medien |
|
Coalition for Creativity |
|
The European Video on Demand Coalition |
|
#WeAreEurope |
|
Aleph
Alpha GmbH |
|
Cullen International |
|
Bertelsmann |
|
NAI apollo |
|
IMPF |
|
Tilburg University |
|
Meta |
|
YouTube |
|
HBM |
|
Initiative Urheberrecht |
|
ICMP - The global
voice |
|
Access Partnership |
|
AEPO-ARTIS |
|
Toy
Industries of Europe |
|
EIMP - European Independent Media Publishers |
|
EARE |
|
DFL Deutsche FuP..ball Liga GmbH |
|
Video
Games Europe |
|
Midjourney |
|
Nexareg |
|
EurolSPA |
|
Keywords Studios |
|
Advance/Conde Nast |
|
Future of privacy forum |
|
Society of Audiovisual Authors |
|
Initiative Urheberrecht |
|
APCO |
|
European Publishers Council |
|
Cloudflare |
|
Elda |
|
RELX |
|
Center for
Journalism & Liberty (CJL) |
|
Business at OECD |
|
Google |
|
Bitkom e.V. |
|
Creativity Works! |
|
IFPI |
|
STM |
|
MVFP |
|
CEPIC |
|
National Law Institute University |
|
Motion Picture Association |
|
Copyright Clearance Center |
|
Solutions for a Small
Planet |
|
European Parliamentary |
|
Ives Attorneys |
|
Freshfields |
|
FREELENS e.V. |
|
IFRRO |
|
News
Media Europe |
|
Mediapro |
|
Lausen |
|
L'ARP - Societe civile des Auteurs
Realisateurs Producteurs |
|
EUROPEAN
BLOCKTECH |
|
RAAP |
|
EMMA-ENPA |
|
LAUSEN |
|
MPA |
|
BDI |
|
Anthropic |
|
Credo Al |
|
ODISEIA |
|
EG Legal
Services |
|
Federal Association of German Leasing Companies |
|
Independent policy expert |
|
European Producers Club (EPC) |
|
Audiovisual Anti-Piracy Alliance (AAPA) |
|
CEPI - European Audiovisual Production |
|
365 Sherpas GmbH |
|
Wikimedia France |
|
IFPI |
|
Federation of European Publishers |
|
Federation of the European Sporting Goods Industry |
|
Al Sweden |
|
CEDRO |
|
European Writers' Council |
|
Dell |
|
FTI Consulting |
|
Apple |
|
Adan |
|
CEPI - European Audiovisual Production |
|
FERA - Federation of European film directors |
|
APCO |
|
European Visual Artists |
|
CGI |
|
DGA Group |
|
HP |
|
DOT Europe |
|
Schibsted media AS |
|
Business Software Alliance |
|
Vorsitzender |
|
FREELENS |
|
NCSR
Demokritos |
|
Bertelsmann SE & Co KGaA |
|
Lawyer |
|
Universal Music Group |
|
Solutions for a Small
Planet |
|
Association of Commercial Television and Video
on Demand Services in
Europe |
|
AK Public Affairs |
|
ECSA, European Community
Shipowners' Associations |
|
PRSforMusic |
|
International Trademark Association |
|
L'ARP |
|
EFAD |
|
Arcom |
|
Axel
Springer SE |
|
Auteursbond (Dutch) |
|
Premier League |
|
Deutscher Fotorat |
|
Society of Audiovisual Authors |
|
Bitkom e.V. |
|
Futuro Publico |
|
Al Caramba! |
|
INTA |
|
University of Liverpool / School of Law and Social Justice |
|
Assonime |
|
AIE |
|
PlayRight CV, IMARA, GA |
|
Assonime - Association |
|
RTL
Deutschland GmbH |
|
Euralia |
|
German Bar Association |
|
Atresmedia |
|
Amazon |
|
Samman Law & Corporate Affairs |
|
European Publishers Council |
|
EUROCINEMA |
|
Tony
Blair Institute |
|
European Illustrators Forum |
|
AEPO-ARTIS |
|
IHK fur Munchen und Oberbayern |
|
GEMA |
|
Hubert Burda Media |
|
Access Partnership |
|
FIAPF - International
Federation of Film Producers Associations |
|
Sky Group |
|
The European Alliance of News Agencies |
|
European Writers' Council |
|
EGAIR |
|
VERA
Studio |
|
Warner Bros Discovery |
|
VAUNET |
|
IHK fur Munchen
und Oberbayern |
|
Bundesverband
Schauspiel |
|
News
Corp |
|
Boardmember Dutch Writers Guild |
|
Kunstenbond |
|
Forward Global |
|
Video
Games Europe |
|
APCO
Worldwide |
|
Getty
Images |
|
VERA
Studio |
|
EGAIR |
|
Klarna |
|
UGGC
Avocats |
|
FLA |
|
Shearwater Global |
|
EuroCommerce |
|
MFE |
|
International Federation of Actors |
The list above is drawn up under the exclusive responsibility of the
rapporteur.
Where natural persons are identified in the list by their name, by their
function or by both, the rapporteur declares that he has submitted to the natural
persons concerned the European Parliament’s Data Protection Notice No 484
(https://www.europarl.europa.eu/data-protect/index.do), which sets out the
conditions applicable to the processing of their personal data and the rights
linked to that processing.
ENMIENDAS
PRESENTADAS A LA COMISION
|
European Parliament 2024-2029 |
|
Committee on Legal Affairs
2025/2058(INI)
16.9.2025
AMENDMENTS
1 - 370
Draft report
Axel Voss
(PE775.433v01-00)
Copyright and generative artificial intelligence –
opportunities and challenges
(2025/2058(INI))
AM_Com_NonLegReport
Amendment 1
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 1
|
|
|
|
Motion for a resolution |
Amendment |
|
– having
regard to the Treaty on the Functioning of the European Union, in particular
Articles 4, 16, 26, 114 and 118 thereof, |
– having
regard to the Treaty on the Functioning of the European Union, in particular
Articles 4, 16, 26, 114, 118 and 179 thereof, |
Or. en
Amendment 2
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 2
|
|
|
|
Motion for a resolution |
Amendment |
|
– having
regard to Article 17(2) of the Charter of Fundamental Rights of the
European Union, |
– having
regard to Articles 13 and 17(2) of the Charter of Fundamental Rights of
the European Union, |
Or. en
Amendment 3
Daniel Buda
Motion for a resolution
Citation 2
|
|
|
|
Motion for a resolution |
Amendment |
|
— having regard to Article 17(2)
of the Charter of Fundamental Rights of the European Union, |
– having regard to Article 17
of the Charter of Fundamental Rights of the European Union, |
Or. ro
Amendment 4
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 3
|
|
|
|
Motion for a resolution |
Amendment |
|
– having
regard to Article 27 of the Universal Declaration of Human Rights, adopted by
the United Nations General Assembly on 10 December 1948 (Resolution 217 A),
which affirms both the right to freely participate in the cultural life and
the right to the protection of the moral and material interests resulting
from any scientific, literary, or artistic production, |
– having
regard to Article 27 of the Universal Declaration of Human Rights, adopted by
the United Nations General Assembly on 10 December 1948 (Resolution 217 A),
which affirms both the right to freely participate in the cultural life of
the community, to enjoy the arts and to share in scientific advancement and
its benefits, as well as the right to the protection of the moral and
material interests resulting from any scientific, literary, or artistic
production, |
Or. en
Amendment 5
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 4
|
|
|
|
Motion for a resolution |
Amendment |
|
– having
regard to the Berne Convention for the Protection of Literary and Artistic
Works, |
– having
regard to the Berne Convention for the Protection of Literary and Artistic
Works as amended on 28 September 1979 and the Rome Convention for the
Protection of Performers, Producers of Phonograms and Broadcasting
Organisations of 26 October 1961, |
Or. en
Amendment 6
Kosma Złotowski
Motion for a resolution
Citation 7 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the report “The future of
European competitiveness” by Mario Draghi, of 9 September 2024; |
Or. en
Amendment 7
Kosma Złotowski
Motion for a resolution
Citation 8 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the Communication From
the Commission to the European Parliament, The European Council, The Council,
the European Economic And Social Committee And the Committee Of The Regions -
“A Competitiveness Compass for the EU” of 29 January 2025, COM(2025) 30
final; |
Or. en
Amendment 8
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 17 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the Commission
Communication (COM(2025)30 final) ‘A Competitiveness Compass for the EU’ of
29 January 2025, |
Or. en
Amendment 9
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 17 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the Commission
Communication of 16 June 2025 ‘State of Digital Decade 2025: Keep building
the EU’s sovereignty and digital future’, |
Or. en
Amendment 10
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Citation 22 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– - having regard to the General-Purpose AI
(GPAI) Code of Practice, and more particularly its Copyright Chapter,
published by the European Commission on 10 July 2025 and in force from 2
August 2025, |
Or. en
Amendment 11
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Citation 22 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the joint European
Declaration on Digital Rights and Principles for the Digital Decade 2023/C
23/01 of the European Parliament, the Council and the Commission; |
Or. en
Amendment 12
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Citation 23 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– - having regard to the Explanatory Notice
and Template for the Public Summary of Training Content for GPAI published by
the European Commission on 24 July 2025 and in force from 2 August 2025, |
Or. en
Amendment 13
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Citation 24 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the study of the EP
Policy Department on Generative AI and Copyright |
Or. en
Amendment 14
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Citation 24 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having to EUIPO's study on the Development
of Generative Artificial Intelligence from a Copyright Perspective |
Or. en
Amendment 15
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Citation 24 c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
– having regard to the study from von
Dornis/Stober on Copyright and Training of Generative, 2024 |
Or. en
Amendment 16
Daniel Buda
Motion for a resolution
Recital A
|
|
|
|
Motion for a resolution |
Amendment |
|
A. whereas
the right to property, including intellectual property, is enshrined as a
fundamental right in Article 17 of the Charter of Fundamental Rights of the
European Union; |
A. whereas
the right to property, including intellectual property, is enshrined as a
fundamental right in Article 17 of the Charter of Fundamental Rights of the
European Union, and whereas respect for that right must be guaranteed at all stages
of the digital transformation and of the development of generative artificial
intelligence; |
Or. ro
Amendment 17
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital A
|
|
|
|
Motion for a resolution |
Amendment |
|
A. whereas
the right to property, including intellectual property, is enshrined as a
fundamental right in Article 17 of the Charter of Fundamental Rights of the
European Union; |
A. whereas
the right to property, including intellectual property, is enshrined as a
fundamental right in Article 17 of the Charter of Fundamental Rights of the
European Union and has been clearly qualified in case law; |
Or. en
Amendment 18
Ton Diepeveen
Motion for a resolution
Recital A
|
|
|
|
Motion for a resolution |
Amendment |
|
A. whereas
the right to property, including intellectual property, is enshrined
as a fundamental right in Article 17 of the Charter of Fundamental Rights of
the European Union; |
A. whereas
the right to property, including intellectual property, is governed
by both EU and national law, and national legal provisions must be respected; |
Or. nl
Amendment 19
Daniel Buda
Motion for a resolution
Recital A a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
Aa. Stresses the urgent need, in view of the
many recent challenges to the protection of copyright in the online and
digital environment, to adapt the EU legal framework on copyright to meet the
new technological realities, and in particular the rapid development of
generative artificial intelligence, so as to ensure the protection of creators
and the stimulation of innovation; |
Or. ro
Amendment 20
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital B
|
|
|
|
Motion for a resolution |
Amendment |
|
B. whereas
the European Union faces the strategic challenge of lagging behind international
developments in the field of artificial intelligence; whereas it is therefore
essential to promote, rather than impede, the advancement of AI technologies
within the Union in order to safeguard Europe’s technological sovereignty,
competitiveness, and capacity for innovation; |
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of Generative
AI technologies and services in the public interest within the Union in order
to safeguard Europe’s technological sovereignty, competitiveness, and
capacity for innovation while staying true to its values and
promoting ethical, sustainable and inclusive growth; whereas
maintaining competitiveness in the race to improve Generative AI also
requires access to high-quality content, underlining the importance of a
fairly remunerated creative sector as a source for high-quality AI training
data; |
Or. en
Amendment 21
Daniel Buda
Motion for a resolution
Recital B
|
|
|
|
Motion for a resolution |
Amendment |
|
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, and capacity for innovation; |
B. whereas
the European Union faces the strategic challenge of addressing
international developments in the field of artificial intelligence;
whereas
at the AI Action Summit in February 2025 in Paris, the Commission launched
the objective of the AI Continent Action Plan to make Europe a world leader
in artificial intelligence (AI); whereas it is therefore essential to
promote, rather than impede, the advancement of AI technologies within the
Union in order to safeguard Europe’s technological sovereignty,
competitiveness, and capacity for innovation; |
Or. ro
Amendment 22
Victor Negrescu
Motion for a resolution
Recital B
|
|
|
|
Motion for a resolution |
Amendment |
|
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, and capacity for innovation; |
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, and capacity for innovation, while ensuring that such
technological development contributes to social progress, quality employment,
and inclusive access to the benefits of AI for all citizens of the Union; |
Or. en
Amendment 23
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital B
|
|
|
|
Motion for a resolution |
Amendment |
|
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, and capacity for innovation; |
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, multi-linguistic culture and
capacity for innovation; |
Or. en
Amendment 24
Ton Diepeveen
Motion for a resolution
Recital B
|
|
|
|
Motion for a resolution |
Amendment |
|
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore essential to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, and capacity for innovation; |
B. whereas
the European Union faces the strategic challenge of lagging behind
international developments in the field of artificial intelligence; whereas
it is therefore important to promote, rather than impede, the advancement of
AI technologies within the Union in order to safeguard Europe’s technological
sovereignty, competitiveness, and capacity for innovation; |
Or. nl
Amendment 25
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Recital B a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
B a. Whereas the creative and cultural sector
is essential to safeguard European values and cultural diversity,
representing approximately 4% of EU value added and employs around 8 million
people; whereas the detrimental substitution effect of AI-generated output
provided through Generative AI services and increasingly used in the market
to replace and compete with cultural and creative works requires additional
considerations to be addressed at EU level; |
Or. en
Amendment 26
Mario Mantovani
Motion for a resolution
Recital B a (new)
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Motion for a resolution |
Amendment |
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|
B a. whereas that in order to properly
implement EU law vis-à-vis alla Generative AI services to ensure that non -EU
based Generative AI services do not gain an unfair competitive advantage over
EU-based services by disprespecting EU law, application of the rules
protecting and enforcing authors' rights at European and national level to
all services in the EU market is absolutely essential. |
Or. en
Amendment 27
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital B a (new)
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Motion for a resolution |
Amendment |
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|
B a. whereas legal and ethical questions
relating to AI technologies should be addressed through an effective,
comprehensive and future-proof regulatory framework of Union law reflecting
the Union’s principles and values as enshrined in the Treaties and the
Charter of Fundamental Rights to increase legal certainty for businesses and
citizens alike; |
Or. en
Amendment 28
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital B a (new)
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Motion for a resolution |
Amendment |
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B a. Considering that the concentration of
power in the hands of a few large non-European companies increases the
Union's dependence and undermines the ability of European creators and the
European press to exercise and enforce their rights; |
Or. en
Amendment 29
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital B b (new)
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Motion for a resolution |
Amendment |
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|
B b. whereas the Declaration on Digital Rights
and Principles for the Digital Decade established the objective of ensuring a
just, safe and secure digital environment, where everyone, including SMEs,
should have the possibility to compete fairly and innovate; whereas this
entails measures to promote the traceability, safety and compliance of
products and services offered on the Digital Single Market; whereas the
signatories commit to promote human-centric, trustworthy and ethical artificial
intelligence systems, which are used in a transparent way and in line with EU
values; whereas the Declaration insists that the digital transformation
should contribute to a fair and inclusive society and economy, to promote
cultural and linguistic diversity, as well as open technologies and standards
as a way to further strengthen trust in technology as well as consumers’
ability to make autonomous and informed choices; |
Or. en
Amendment 30
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital B c (new)
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Motion for a resolution |
Amendment |
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B c. whereas it appears that the EU’s Digital
Decade objectives will not be achieved without a transformative shift in its
investment landscape; |
Or. en
Amendment 31
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital B d (new)
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Motion for a resolution |
Amendment |
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B d. whereas the Competitiveness Compass for
the EU intends to boost innovation notably by creating a friendly environment
for young companies in Europe to start and expand, with a dedicated EU
start-up and scale-up strategy launched on 28 May 2025; whereas this should
be accompanied by an ‘Apply AI’ initiative for companies of all sizes to
accelerate the integration of AI technologies across strategic sectors and
reinforce the EU’s technological sovereignty; whereas the cultural and
creative sectors create new and skilled jobs, contribute to Europe’s economic
growth, diplomatic power and the emergence of talents; whereas SMEs comprise
the overwhelming majority of businesses in the creative sector; |
Or. en
Amendment 32
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital C
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Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to reproduce works and other
subject matter and adapt, distribute and communicate them to the
public; |
C. whereas
copyright and related rights come into effect automatically without
registration requirements and confer extensive exclusive economic
rights to a variety of holders (authors, performers, producers, publishers,
broadcasters), including those to authorize the reproduction of
works and their adaptation, distribution and communication to the
public, as well as moral rights; |
Or. en
Amendment 33
Maravillas Abadía Jover
Motion for a resolution
Recital C
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Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to reproduce works and
other subject matter and adapt, distribute and communicate
them to the public; |
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to authorise or prohibit the
reproduction of works and other subject matter and their
adaption, distribution and communication them to the public; |
Or. en
Amendment 34
Mario Mantovani
Motion for a resolution
Recital C
|
|
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Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to reproduce works and
other subject matter and adapt, distribute and communicate them
to the public; |
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to authorise or prohibit the
reproduction of works and other subject matter and their
adaptation, distribution and communication to the public; |
Or. en
Amendment 35
Kosma Złotowski
Motion for a resolution
Recital C
|
|
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Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to reproduce works and
other subject matter and adapt, distribute and communicate them
to the public; |
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to authorise or prohibit the
reproduction of works and other subject matter and their
adaption, distribution and communication to the public; |
Or. en
Amendment 36
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital C
|
|
|
|
Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to reproduce works and other
subject matter and adapt, distribute and communicate them to the public; |
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including the rights to permit or forbid the
reprodcution of works and other subject matter and to
adapt, distribute and communicate them to the public; |
Or. en
Amendment 37
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Recital C
|
|
|
|
Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and confer
extensive exclusive rights, including those to reproduce works and other
subject matter and adapt, distribute and communicate them to the public; |
C. whereas
copyright and related rights come into effect automatically and confer moral
rights as well as extensive exclusive economic rights,
including those to reproduce works and other subject matter and adapt,
distribute and communicate them to the public; |
Or. en
Amendment 38
Daniel Buda
Motion for a resolution
Recital C
|
|
|
|
Motion for a resolution |
Amendment |
|
C. whereas
copyright and related rights come into effect automatically and
confer extensive exclusive rights, including those to reproduce works and
other subject matter and adapt, distribute and communicate them to the
public; |
C. whereas
copyright and related rights apply automatically on
the basis of current legislation, and confer extensive exclusive
rights, including those to reproduce works and other subject matter and
adapt, distribute and communicate them to the public; |
Or. ro
Amendment 39
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital C a (new)
|
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Motion for a resolution |
Amendment |
|
|
C a. whereas there is great diversity in European
cultural and creative industries, whose contractual practices, value chains,
and types of content protected by copyright and related rights differ
significantly; whereas in some sectors, rights holders organise collectively
to defend their interests; whereas the works produced by this diverse range
of actors are equally diverse and can therefore have different values; |
Or. en
Amendment 40
Kosma Złotowski
Motion for a resolution
Recital C a (new)
|
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Motion for a resolution |
Amendment |
|
|
C a. whereas the cultural and creative
industries are one of Europe’s strongest assets, representing 6,9% of the
EU’s GDP and underpinning Europe’s cultural diversity, social cohesion,
values and democratic dialogue; |
Or. en
Amendment 41
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital C a (new)
|
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|
Motion for a resolution |
Amendment |
|
|
C a. whereas the copyright needs to face the
development of new technologies in a legal and technical way; whereas a
harmonisation of national copyrights regimes would be key in a digital world |
Or. en
Amendment 42
Jörgen Warborn
Motion for a resolution
Recital D
|
|
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Motion for a resolution |
Amendment |
|
D. whereas
generative AI (GenAI) is a type of artificial intelligence that, unlike
traditional AI systems that only classify or predict, creates
content, such as text, images, music, videos and code, often mimicking human
creativity, thereby relying on pre-existing content, including
copyright-protected materials; |
D. whereas
generative AI (GenAI) is a type of artificial intelligence that, unlike
traditional AI systems, designed to primarily classify
or predict, generates new content, such as text, images, music, videos
and code; whereas GenAI outputs are created through predictions based on
statistical models, often mimicking human creativity, and
rely on pre-existing content, which would include
copyright-protected materials; |
Or. en
Amendment 43
Kosma Złotowski
Motion for a resolution
Recital D
|
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Motion for a resolution |
Amendment |
|
D. whereas
generative AI (GenAI) is a type of artificial intelligence that, unlike traditional
AI systems that only classify or predict, creates content, such as text,
images, music, videos and code, often mimicking human creativity,
thereby relying on pre-existing content, including copyright-protected
materials; |
D. whereas
generative AI (GenAI) is a type of artificial intelligence that, unlike other
AI systems that only classify or predict, creates outputs, such as text,
images, music, videos and code, often mimicking human creativity; |
Or. en
Amendment 44
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital D
|
|
|
|
Motion for a resolution |
Amendment |
|
D. whereas
generative AI (GenAI) is a type of artificial
intelligence that, unlike traditional AI systems that only classify or
predict, creates content, such as text, images, music, videos and code, often
mimicking human creativity, thereby relying on pre-existing content,
including copyright-protected materials; |
D. whereas
generative AI (GenAI) services and systems are types of
artificial intelligence that, unlike traditional AI systems that only
classify or predict, creates content, such as text, images, music, videos and
code, often mimicking human creativity, thereby relying on pre-existing
content, including copyright-protected materials; |
Or. en
Amendment 45
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Recital D
|
|
|
|
Motion for a resolution |
Amendment |
|
D. whereas
generative AI (GenAI) is a type of artificial intelligence that,
unlike traditional AI systems that only classify or predict, creates
content, such as text, images, music, videos and code, often mimicking human
creativity, thereby relying on pre-existing content, including copyright-protected
materials; |
D. whereas
generative AI (GenAI) is a type of artificial intelligence that generates
content, such as text, images, music, videos and code, often mimicking human
creativity, by relying on training data based on
pre-existing content, including copyright-protected materials; |
Or. en
Amendment 46
Ton Diepeveen
Motion for a resolution
Recital D
|
|
|
|
Motion for a resolution |
Amendment |
|
D. whereas
generative AI (GenAI) is a type of artificial intelligence that, unlike
traditional AI systems that only classify or predict, creates content, such
as text, images, music, videos and code, often mimicking human creativity,
thereby relying on pre-existing content, including copyright-protected
materials; |
D. whereas
generative AI (GenAI) is a type of artificial intelligence that, unlike
traditional AI systems that only classify or predict, creates content, such
as text, images, music, videos and code, as a general rule mimicking human
creativity, thereby relying on pre-existing content, including
copyright-protected materials; |
Or. nl
Amendment 47
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital E
|
|
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|
Motion for a resolution |
Amendment |
|
E. whereas
the development, the deployment and the use of artificial intelligence must
be fully compliant with the existing legal framework; whereas it
is unacceptable that such technological advancements disregard
established rights, in particular those enshrined in
copyright law; |
E. whereas
the development, the deployment and the use of artificial intelligence must
be fully compliant with the existing legal framework; whereas the
current systems for the reservation of rights (‘opt out’) over copyright-protected
content are often impractical, may not cover all relevant acts of text and
data mining, and lack the necessary transparency for effective implementation
and enforcement; whereas the development of new technologies such as AI and
maintaining established rights, including those enshrined in
copyright law, should not be mutually exclusive but be advanced together; |
Or. en
Amendment 48
Laurence Farreng, Pascal Canfin, Billy Kelleher
Motion for a resolution
Recital E
|
|
|
|
Motion for a resolution |
Amendment |
|
E. whereas
the development, the deployment and the use of artificial intelligence must
be fully compliant with the existing legal framework; whereas it is
unacceptable that such technological advancements disregard established
rights, in particular those enshrined in copyright law; |
E. whereas
the development, the deployment and the use of artificial intelligence must
be fully compliant with the existing legal framework; whereas it is
unacceptable that such technological advancements disregard established
rights, in particular those enshrined in copyright law; whereas trade secrets should
not be invoked to prevent an AI model provider from offering full
transparency on the content protected by copyright and related rights used to
train its models; |
Or. en
Amendment 49
Ton Diepeveen
Motion for a resolution
Recital E
|
|
|
|
Motion for a resolution |
Amendment |
|
E. whereas
the development, the deployment and the use of artificial intelligence must
be fully compliant with the existing legal framework; whereas it is
unacceptable that such technological advancements disregard established
rights, in particular those enshrined in copyright law; |
E. whereas
the development, the deployment and the use of artificial intelligence must
be fully compliant with the existing legal framework; whereas it is
unacceptable that such technological developments infringe upon existing
established rights; |
Or. nl
Amendment 50
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital E a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
E a. whereas AI platform operators offer AI
assistants which by inference, retrieval augmented generation (RAG) and
finetuning ever more function like media services; whereas they directly
substitute and replace original journalistic media sources and services by
extracting respective information or content as such fully, automatically and
in real-time from journalistic or media services material, be it texts,
graphics, audios, videos and the like ; whereas they are not bound to any
legal liabilites/ statutes and are not controled for their quality standards
as original journalistic services do; whereas this endangers the existence
and future development of media services, their providers as well as their
respective business models; |
Or. en
Amendment 51
Mario Mantovani
Motion for a resolution
Recital E a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
E a. whereas there has been evidence of the
consistent, wilful and widespread violation of copyright rules by Gen AI
providers, including the unauthorised collection of works from the internet,
the refusal to comply with rightsholders' TDM rights reservations, the
massive use of pirated sources to obtain works as well as the refusal to seek
licenses; whereas this pattern rules out reliance solely on the good faith of
GenAI providers to respect copyright and demonstrates the need for strong
measures to ensure that the AI ecosystem in Europe is fair and ethical. |
Or. en
Amendment 52
Kosma Złotowski
Motion for a resolution
Recital E a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
E a. whereas creative sectors and industries
are very different from each other, and flexibility is particularly valuable;
whereas for most copyright sectors, such as music, books, scholarly
publishing and audiovisual, voluntary bilateral or collective licensing on the
basis of exclusive rights is the most appropriate mechanism for the use of
copyright-protected content for training of generative AI models; |
Or. en
Amendment 53
Daniel Buda
Motion for a resolution
Recital E a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
Ea. whereas there is a need for harmonised
interpretation and, where necessary, to adapt the EU framework on copyright
to the online and digital environment, and whereas one of the current
challenges concerns the application of copyright law in the context of
generative artificial intelligence; |
Or. ro
Amendment 54
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital E a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
E a. Considering that providers of generative
AI services are exploiting protected works on a massive scale without
authorisation or remuneration, which constitutes a clear violation of
creators' fundamental rights and misappropriation of value to the detriment
of the European cultural and information sector; |
Or. en
Amendment 55
Kosma Złotowski
Motion for a resolution
Recital E b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
E b. whereas the GPAI Code of Practice and the
mandatory summary of content used for GPAI model training under the AI Act
have introduced new voluntary commitments to demonstrate compliance with
copyright law and mandatory transparency obligations for GPAI model
providers; |
Or. en
Amendment 56
Mario Mantovani
Motion for a resolution
Recital E b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
E b. Whereas it is necessary to establish
strict ethical rules for generative artificial intelligence. |
Or. en
Amendment 57
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the
key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted
works and other subject matter in training datasets is lawful under EU law and
what the status of AI-generated content should be; |
F. whereas
key legal questions about the interplay between GenAI and copyright and
related rights are whether the use of copyrighted works and other subject
matter in training datasets is lawful under EU law, what the legal
status of AI-generated content should be, and how to ensure transparency, consent
and fair remuneration of creators and rightsholders when their protected
works and other subject matter are used in the generation, dissemination and
distribution of AI outputs; |
Or. en
Amendment 58
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under EU law and what the
status of AI-generated content should be; |
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyright protected
works and other subject matter in training datasets is lawful under EU law
and what the status of AI-generated content should be; nor is it provided in Article 4
of the CDSM Directive that rights holders shall receive fair compensation |
Or. en
Amendment 59
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under EU law and what the
status of AI-generated content should be; |
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under EU law and what the
status of AI-generated content should be, and the level of transparency required
from GenAI providers regarding the content used to train their models; |
Or. en
Amendment 60
Ton Diepeveen
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under EU law and
what the status of AI-generated content should be; |
F. whereas
the key legal question about the interplay between GenAI and copyright and
related rights includes whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under EU law; |
Or. nl
Amendment 61
Kosma Złotowski
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the key legal questions about the interplay between GenAI and
copyright and related rights include whether the new kind of use of
copyrighted works and other subject matter in training datasets
is lawful under EU law and what the status of AI-generated content should be; |
F. whereas
the AI Act clarifies about the interplay between GenAI and copyright
and related rights, confirming that the text and data mining (TDM) exception of the
CDSM Directive covers AI training models, by explicitly
referencing the CDSM Directive’s TDM exceptions in Article 53(1)(c) and
Recital 106; |
Or. en
Amendment 62
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under EU
law and what the status of AI-generated content should be; |
F. whereas
the key legal questions about the interplay between GenAI and copyright and
related rights include whether the new kind of use of copyrighted works and
other subject matter in training datasets is lawful under Union
and Member States' law and what the status of AI-generated content
should be; |
Or. en
Amendment 63
Jörgen Warborn
Motion for a resolution
Recital F
|
|
|
|
Motion for a resolution |
Amendment |
|
F. whereas
the
key legal questions about the interplay between GenAI and copyright
and related rights include whether the new kind of use of copyrighted
works and other subject matter in training datasets is lawful under EU law
and what the status of AI-generated content should be; |
F. whereas
there
might be legal questions about the interplay between the
development of new GenAI and copyright and related rights;
whereas many of these legal questions is clarified in the AI Act and by
referencing to the CDSM Directive's TDM exceptions in Article 53(1)(c) |
Or. en
Amendment 64
Mario Mantovani
Motion for a resolution
Recital G
|
|
|
|
Motion for a resolution |
Amendment |
|
G. whereas
the reference to the CDSM Directive in the AI Act is inadequate and fails to
provide an appropriate and proportionate solution; whereas copyright and
related rights, as fundamental rights enshrined in the Charter of fundamental
rights of the European Union, are not overridden by the AI Act; |
G. whereas
the reference to the CDSM Directive in the AI Act is inadequate and fails to
provide an appropriate and proportionate solution; whereas copyright and
related rights, as fundamental rights enshrined in the Charter of fundamental
rights of the European Union, are not overridden by the AI Act; whereas
the Code of Practice drafted to accompany the implementation of the AI Act,
with regard to copyright, intoduces major legal uncertainty as well potential
loopholes that AI porviders could exploit to disregard copyright; whereas the
Transparency Template on training data proposed by the European Commission is
highly insufficient and fails to require the information necessary for
rightsholders to exercise or enforce their rights, thus thwarting the will of
the co-legislators. |
Or. en
Amendment 65
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital G
|
|
|
|
Motion for a resolution |
Amendment |
|
G. whereas
the reference to the CDSM Directive in the AI Act is
inadequate and fails to provide an appropriate and proportionate solution;
whereas copyright and related rights, as fundamental rights
enshrined in the Charter of fundamental rights of the European Union, are not
overridden by the AI Act; |
G. whereas
the AI Act does not aim to alter the existing legal framework applying to
copyright and related rights; |
Or. en
Amendment 66
Ton Diepeveen
Motion for a resolution
Recital G
|
|
|
|
Motion for a resolution |
Amendment |
|
G. whereas
the reference to the CDSM Directive in the AI Act is inadequate and fails to
provide an appropriate and proportionate solution; whereas copyright
and related rights, as fundamental rights enshrined in the Charter of
fundamental rights of the European Union, are not overridden by the AI Act; |
G. whereas
copyright and related rights, as fundamental rights enshrined in the Charter
of fundamental rights of the European Union and in national legislation,
are not overridden by the AI Act; |
Or. nl
Amendment 67
Kosma Złotowski
Motion for a resolution
Recital G
|
|
|
|
Motion for a resolution |
Amendment |
|
G. whereas
the reference to the CDSM Directive in the AI Act is inadequate and fails to
provide an appropriate and proportionate solution; whereas copyright
and related rights, as fundamental rights enshrined in the Charter of
fundamental rights of the European Union, are not overridden by the AI Act; |
G. whereas
copyright and related rights, as fundamental rights enshrined in the Charter
of fundamental rights of the European Union, are not overridden by the AI Act,
which operates within the existing and sufficient legal framework; |
Or. en
Amendment 68
Jörgen Warborn
Motion for a resolution
Recital G
|
|
|
|
Motion for a resolution |
Amendment |
|
G. whereas
the reference to the CDSM Directive in the AI Act is inadequate and fails to
provide an appropriate and proportionate solution; whereas copyright and
related rights, as fundamental rights enshrined in the Charter of fundamental
rights of the European Union, are not overridden by the AI Act; |
G. whereas
the reference to the CDSM Directive in the AI Act can provide an
appropriate and proportionate solution; whereas copyright and related rights,
as fundamental rights enshrined in the Charter of fundamental rights of the
European Union, are not overridden by the AI Act, which operates within the
existing framework; |
Or. en
Amendment 69
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital G
|
|
|
|
Motion for a resolution |
Amendment |
|
G. whereas
the reference to the CDSM Directive in the AI Act is
inadequate and fails to provide an appropriate and proportionate
solution; whereas copyright and related rights, as fundamental rights
enshrined in the Charter of fundamental rights of the European Union, are not
overridden by the AI Act; |
G. whereas
the implementation of Article 4 of the CDSM Directive and
related provisions in the AI Act fails to provide an appropriate and
proportionate solution; whereas copyright and related rights, as fundamental
rights enshrined in the Charter of Fundamental Rights of the European Union,
are not overridden by the AI Act; |
Or. en
Amendment 70
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital G a (new)
|
|
|
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Motion for a resolution |
Amendment |
|
|
G a. whereas it is necessary to revise the AI
Act’s implementation package, like the GPAI Code of Practice, the GPAI
Guidelines, and the Template for sharing detailed summaries of training data,
and to make sure that Article 53 of the AI Act is enforced effectively;
whereas the sufficient detailed summary must necessarily render possible the
enforcement of the copyright and whereas for this enforcement the disclosure
of detailed information about the content used are absolutely necessary,
whereas such detailed information must not necessarily be visible, but
retrievable. |
Or. en
Amendment 71
Mario Furore
Motion for a resolution
Recital G a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
G a. whereas copyright-intensive industries
comprise a wide range of sectors, characterised by diverse licensing and
remuneration practices, and thereby make a significant contribution to the
diversity of the European Union’s cultural and creative landscape |
Or. en
Amendment 72
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby undermining the economic
sustainability of the creative sector in the European Union, particularly
given that, at present, rights holders cannot easily or effectively exercise
their right to opt out from the exception provided for in Article 4 of the
CDSM Directive, nor verify whether their opt-out has been respected; |
H. whereas
fair remuneration for the use of protected content is an essential aspect of the
business model of the creative sector in Europe; whereas the use
of content protected by copyright and related rights as training data for
generative AI models, without fair remuneration to rights
holders, creates a systemic imbalance in the copyright ecosystem to their
detriment, thereby undermining the economic sustainability of the creative
sector in the European Union, particularly given that, at present, rights
holders cannot easily or effectively exercise their right to opt out from the
exception provided for in Article 4 of the CDSM Directive, nor verify whether
their opt-out has been respected; whereas AI-generated content is
increasingly used to substitute human-generated content; whereas this
situation raises concerns about the future viability of the creative sector,
which is essential for supplying the high-quality content needed to train
Generative AI models; |
Or. en
Amendment 73
Jörgen Warborn
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in
the copyright ecosystem to their detriment, thereby
undermining the economic sustainability of the creative sector in the
European Union, particularly given that, at present, rights holders cannot
easily or effectively exercise their right to opt out from the exception
provided for in Article 4 of the CDSM Directive, nor verify whether their
opt-out has been respected; |
H. whereas
fair remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without possibility to remuneration to rights holders, by
reasonable licensing agreements created through market-based solutions, could
create a imbalance in the copyright ecosystem, thereby undermining
the economic sustainability of the creative sector in the European Union,
particularly given that, at present, rights holders cannot easily or
effectively exercise their right to opt out from the exception provided for
in Article 4 of the CDSM Directive, nor verify whether their opt-out has been
respected; whereas there's ongoing effort to support the appropriate
implementation of the CDSM Directive, which includes the development of
technical solutions for opt-outs; |
Or. en
Amendment 74
Mario Mantovani
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair
remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby undermining the economic
sustainability of the creative sector in the European Union, particularly
given that, at present, rights holders cannot easily or
effectively exercise their right to opt out from the exception provided
for in Article 4 of the CDSM Directive, nor verify whether their opt-out has
been respected; |
H. whereas
rightsholders'
exclusive right to the exploitation of their works is the backbone of
the creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without authorization or remuneration to rights holders, creates a
systemic imbalance in the copyright ecosystem to their detriment, thereby
undermining the economic sustainability of the creative sector in the
European Union, particularly given that, at present, the condition of lawful access
in Article 4 of the CDSM Directive is ignored by AI model providers who rely
on unauthorized use of copyright-protected content on a massive scale and the
rightsholders' right to opt out from exception provided for in
Article 4 of the CDSM Directive cannot easily be enforced or verified due
to the alck of transparency and good faith from Gen AI; |
Or. en
Amendment 75
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby undermining the economic
sustainability of the creative sector in the European Union, particularly
given that, at present, rights holders cannot easily or effectively exercise
their right to opt out from the exception provided for in Article 4 of the
CDSM Directive, nor verify whether their opt-out has been respected; |
H. whereas
fair remuneration for the use of protected content and respect for authors' rights
and their contractual freedom is the backbone of the creative
industry in Europe; whereas cultural and creative works are essential
data for training AI models; whereas the massive use of content
protected by copyright and related rights as training data for generative AI
models, without remuneration to rights holders, creates a systemic imbalance
in the copyright ecosystem to their detriment, thereby undermining the
economic sustainability of the creative sector in the European Union,
particularly given that, at present, rights holders cannot easily or
effectively exercise their right to opt out from the exception provided for
in Article 4 of the CDSM Directive, nor verify whether their opt-out has been
respected; |
Or. en
Amendment 76
Kosma Złotowski
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair
remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in
the copyright ecosystem to their detriment, thereby
undermining the economic sustainability of the creative sector in the
European Union, particularly given that, at present, rights holders cannot
easily or effectively exercise their right to opt out from the
exception provided for in Article 4 of the CDSM Directive, nor
verify whether their opt-out has been respected; |
H. whereas
commercial
freedom and respect for copyright and exclusive rights for rightsholders to
license their protected content for remuneration are the
backbone of the creative industry in Europe; whereas the illegal use of content
protected by copyright and related rights as training data for generative AI
models, without authorisation, creates systemic imbalance and
injustice in the copyright ecosystem to the detriment of
rightsholders, thereby undermining the economic sustainability of the
creative sector in the European Union, particularly given that, at present,
rights holders may find it difficult to exercise their right to opt out from
the exception provided for in Article 4 of the CDSM Directive, and
to verify whether their opt-out has been respected and
complied with; |
Or. en
Amendment 77
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair
remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby undermining the economic
sustainability of the creative sector in the European Union, particularly
given that, at present, rights holders cannot easily or effectively exercise
their right to opt out from the exception provided for in Article 4 of the
CDSM Directive, nor verify whether their opt-out has been respected; |
H. whereas
compensation
for the use of protected content is the backbone of the creative industry and
of the economic stability of creators in Europe; whereas the illegal
use of content protected by copyright and related rights as training data for
generative AI models, without remuneration to rights holders who
have reserved their rights under Article 4 of the CDSM Directive,
creates a systemic imbalance in the copyright ecosystem to their detriment,
thereby undermining the economic sustainability of the creative sector in the
European Union, particularly given that, at present, rights holders cannot
easily or effectively exercise their right to opt out from the exception
provided for in Article 4 of the CDSM Directive, nor verify whether their
opt-out has been respected; |
Or. en
Amendment 78
Ton Diepeveen
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby undermining the economic
sustainability of the creative sector in the European Union, particularly
given that, at present, rights holders cannot easily or effectively exercise
their right to opt out from the exception provided for in Article 4 of the
CDSM Directive, nor verify whether their
opt-out has been respected; |
H. whereas
fair remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by
copyright and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby undermining the economic
sustainability of the creative sector in the European Union, particularly
given that, at present, rights holders cannot easily or effectively exercise
their right to opt out from the exception provided for in Article 4 of the
CDSM Directive, nor are they informed whether copyright-protected
works have been used as training data for generative AI models; |
Or. nl
Amendment 79
Maravillas Abadía Jover
Motion for a resolution
Recital H
|
|
|
|
Motion for a resolution |
Amendment |
|
H. whereas
fair
remuneration for the use of protected content is the backbone of the
creative industry in Europe; whereas the use of content protected by copyright
and related rights as training data for generative AI models,
without remuneration to rights holders, creates a systemic imbalance in the
copyright ecosystem to their detriment, thereby
undermining the economic sustainability of the creative sector in the
European Union, particularly given that, at present, rights holders cannot
easily or effectively exercise their right to opt out from the
exception provided for in Article 4 of the CDSM Directive, nor
verify whether their opt-out has been respected; |
H. whereas
respect
for copyright is the backbone of the creative industry in Europe;
whereas the illegal use of content protected by copyright and related
rights, without remuneration to rights holders, creates a systemic imbalance
in the copyright ecosystem to the detriment of rightsholders,
thereby undermining the economic sustainability of the creative sector in the
European Union, particularly given that, at present, rights holders may
find it difficult to exercise their right to opt out from the exception
provided for in Article 4 of the CDSM Directive, and to verify whether
their opt-out has been respected and complied with; |
Or. en
Amendment 80
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital H a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H a. whereas the legal framework for GenAI
reflects the principle that licenses for the use of copyright-protected works
in the training of commercial GenAI are the most important prerequisite for
the development of innovative, technologically advanced European AI; whereas
such licensing has the potential to strengthen European cultural and creative
industries to the benefit of European cultural diversity; whereas such
licensing has equally the potential to benefit the development of GenAI as
GenAI constantly needs content; whereas any adjustment to the current
legislation should support the licensing of European works from rightsholders
as a vital element of European competitiveness; |
Or. en
Amendment 81
Mario Mantovani
Motion for a resolution
Recital H a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H a. whereas licensing models for GenAI,
whether direct or collective, will vary across and within sectors ans should
always remain voluntary in order to leave flexibility for rightsholders to
adopt the model that is best suited to them or to refuse to license their
works; wheras licenses concluded for AI training should not automatically be
deemed to redress past unauthorized uses of the copyright-protected
content. |
Or. en
Amendment 82
Laurence Farreng, Pascal Canfin, Billy Kelleher
Motion for a resolution
Recital H a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H a. whereas GenAI, by massively and
inexpensively creating content that mimics that produced by human creativity,
competes directly with the work of creators, particularly of cultural and
media content; whereas this competition leads to a decline in the quality of
online content as a result of creators disengaging, and thus to an overall
decline in human cultural and creative production; |
Or. en
Amendment 83
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Recital H a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H a. whereas collective management provides an
efficient solution for authors’ appropriate and proportionate remuneration,
while ensuring the broadest possible access to high quality protected works
necessary for the development and operation of Generative AI services with
legal certainty. |
Or. en
Amendment 84
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital H a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H a. whereas the opacity of training datasets
prevents rights holders, creators and regulators from verifying compliance
with legislation and rights reservations under the CDSM Directive, thereby
accentuating power asymmetries between platforms and rights holders; |
Or. en
Amendment 85
Ton Diepeveen
Motion for a resolution
Recital H a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
Ha. whereas it may be important to examine
whether an opt-in regime is more conducive to respecting copyright and
related rights on the one hand and developing AI technologies on the other; |
Or. nl
Amendment 86
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital H b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H b. whereas this risk of a gradual disappearance
of the human dimension of creation in favour of AI-generated content, in
addition to undermining the economic viability of the creative sector, poses
an existential risk to European society and democracy, in that it blurs the
boundaries between truth and falsehood, the perception of discourse and its
authors, and disrupts cognitive faculties and critical thinking; whereas the
AI Act takes these risks into account, but cannot be complete without robust
protection of copyright and related rights; |
Or. en
Amendment 87
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital H b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H b. Whereas licensing models for Generative
AI, whether implemented directly or through collective arrangements, might
differ between and within sectors and must remain voluntary to preserve the
flexibility of rightsholders to choose the model that best suits their
interests or to prohibit the use of their works; whereas licenses granted for
AI training purposes shall not be presumed to retroactively authorize or
remedy any prior unauthorized use of copyright-protected content. |
Or. en
Amendment 88
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital H b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H b. Considering that it is essential to
establish binding mechanisms for transparency and traceability of training
data, as well as a mandatory and verifiable fair remuneration system for the
benefit of rights holders; |
Or. en
Amendment 89
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital H c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
H c. Whereas rights holders suffer from a
structural deficit in fair remuneration for the exploitation of their works;
Whereas the rise of generative artificial intelligence risks exacerbating
this imbalance, in particular due to the contractual freedom exercised by AI
service providers; Whereas collective licensing is an effective tool for
ensuring transparent and fair remuneration, enhancing traceability and
control over the use of protected works, and thus helping to restore the
balance between data-exploiting platforms and rights holders, while ensuring
legal certainty and economic sustainability for the European creative,
scientific, and information sector; |
Or. en
Amendment 90
Ton Diepeveen
Motion for a resolution
Recital I
|
|
|
|
Motion for a resolution |
Amendment |
|
I. whereas ensuring proper enforcement of the
law and a level playing field across the Union requires that European rules
on copyright and related rights apply uniformly to all AI providers deploying
products or offering services within the European Union, irrespective of
their place of establishment and of where any use of protected content took
place prior to such deployment or offer; |
deleted |
Or. nl
Amendment 91
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital I
|
|
|
|
Motion for a resolution |
Amendment |
|
I. whereas
ensuring proper enforcement of the law and a level playing field across
the Union requires that European rules on copyright and
related rights apply uniformly to all AI providers deploying products or
offering services within the European Union, irrespective of their place of
establishment and of where any use of protected content
took place prior to such deployment or offer; |
I. whereas
ensuring proper enforcement of the law and a level playing field among
AI providers requires that Union and Member States’ rules on
copyright and related rights apply uniformly to all AI providers deploying
products or offering services within the European Union and where the output produced
by the AI system is used in the Union, irrespective of their place of
establishment and of the jurisdiction in which the
copyright-relevant acts underpinning the training of those AI models
took place prior to their deployment or offer; whereas
the same requirement should apply mutatis mutandis to any subsequent use of
content for inference, retrieval-augmented generation or fine-tuning not only
by providers of AI models, as currently stipulated by Article 53 AIA, but
also by providers or deployers of AI systems; |
Or. en
Amendment 92
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital I
|
|
|
|
Motion for a resolution |
Amendment |
|
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and
related rights apply uniformly to all AI providers deploying products or
offering services within the European Union, irrespective of their place of
establishment and of where any use of protected content took
place prior to such deployment or offer; |
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that EU rules on copyright and related
rights apply uniformly to all AI providers deploying products or offering
services within the European Union, irrespective of the jurisdiction in which the
copyright-relevant acts underpinning the training of their GenAI
models take place; whereas enforcement of the law and fair
remuneration for rights holders may require novel, voluntary collective
licensing models to address issues such as market dominance and
discrimination against smaller rights holders; whereas entering in new
license agreements should not be misconstrued as redress for past
unauthorised uses of copyright-protected content; |
Or. en
Amendment 93
Mario Mantovani
Motion for a resolution
Recital I
|
|
|
|
Motion for a resolution |
Amendment |
|
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and related rights apply
uniformly to all AI providers deploying products or offering services within
the European Union, irrespective of their place of establishment and of where
any use of protected content took place prior to such deployment or offer; |
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and related rights apply
uniformly to all AI providers deploying products or offering services within
the European Union, irrespective of their place of establishment and of where
any use of protected content took place prior to such deployment or offer; whereas
application of EU rules to all services available in the EU is of critical
importance to maintain European sovereignity, to ensure the playing field
between EU and non-EU providers, and to guarantee appropriate remuneration of
creators for the sue of their works. |
Or. en
Amendment 94
Jörgen Warborn
Motion for a resolution
Recital I
|
|
|
|
Motion for a resolution |
Amendment |
|
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and related rights apply
uniformly to all AI providers deploying products or offering services within
the European Union, irrespective of their place of establishment and
of where any use of protected content took place prior to such deployment or
offer; |
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and related rights apply
uniformly to all AI providers deploying products or offering services within
the European Union, irrespective of their place of establishment; |
Or. en
Amendment 95
Maravillas Abadía Jover
Motion for a resolution
Recital I
|
|
|
|
Motion for a resolution |
Amendment |
|
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and related rights apply
uniformly to all AI providers deploying products or offering services within
the European Union, irrespective of their place of establishment and of where
any use of protected content took place prior to such deployment or offer; |
I. whereas
ensuring proper enforcement of the law and a level playing field across the
Union requires that European rules on copyright and related rights apply
uniformly to all Gen AI services deploying products or offering services
within the European Union, irrespective of their place of establishment and
of where any use of protected content took place prior to such deployment or
offer; |
Or. en
Amendment 96
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital I a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I a. Whereas the development of artificial
intelligence that complies with Union law is essential to guarantee digital
sovereignty, reduce dependence on a few large non-European companies, and
promote innovation that complies with fundamental rights; Whereas, in
particular, the protection of the press and news publishers, whose content is
essential to pluralism and democratic debate, is jeopardized by the
unauthorized appropriation of their publications by generative artificial
intelligence models; Whereas safeguarding an independent, pluralistic, and
economically sustainable media ecosystem is a necessary condition for the
effective exercise of freedom of expression, citizens' right to information,
and the proper functioning of European democracy; |
Or. en
Amendment 97
Kosma Złotowski
Motion for a resolution
Recital I a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I a. whereas application of EU rules to all
services available in the EU is of critical importance to maintain European
sovereignty, to ensure the playing field between EU and non-EU services, and
to guarantee appropriate remuneration of creators for the use of their work; |
Or. en
Amendment 98
Kosma Złotowski
Motion for a resolution
Recital I b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I b. whereas artificial intelligence (AI), and
generative AI in particular, is a fundamental and transformative technology
that offers enormous opportunities across various sectors, driving scientific
discovery, social progress and economic growth; whereas artificial
intelligence is already enabling significant breakthroughs, from
understanding diseases to mitigating climate change, and has the potential to
significantly improve the quality of life for billions of people; whereas
artificial intelligence also has exciting and promising applications in the
creative and media industries, enhancing creativity and opening up new
opportunities for artists, journalists and creators of all kinds by providing
new tools and supporting new approaches to creative processes, thus serving
as a complement to, rather than a substitute for, human creativity; whereas
the responsible development of AI systems depends fundamentally on the
freedom to learn from vast and diverse data sets, including publicly
available information, which is crucial for obtaining high-quality, reliable
and objective results and supporting innovation; |
Or. en
Amendment 99
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital I b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I b. whereas any AI provider placing a
general-purpose AI model on the Union market shall remain responsible for
verifying that the measures included in their copyright policy as outlined in
the Code of Practice comply with Member States’ implementation of Union law
on copyright and related rights, in particular but not only to identify and
comply with the reservation of rights expressed by rightsholders pursuant to
Article 4(3) of the CDSM Directive, before carrying out any
copyright-relevant act in the territory of the relevant Member State as
failure to do so may give rise to liability under Union law on copyright and
related rights; |
Or. en
Amendment 100
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital I c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I c. Whereas the Code of practice is only of
voluntary compliance, and not all AI providers have signed it, in particular
its Copyright Chapter; |
Or. en
Amendment 101
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital I d (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I d. whereas the global nature and exponential
rate of AI training, deployment and offers on the one hand, and the
territorial application of the rules pertaining to copyright and related
rights on the other hand, create obstacles for obtaining licensing on the
relevant rights and for making AI products and services complying with those
rights available on the Union market, in a way similar to but dramatically
increased to the digital non-AI era; |
Or. en
Amendment 102
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital I e (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
I e. whereas case-law on the topic of the
infringing use of copyrighted content for the training of AI models is still
scarce, as a few court decisions should be expected in a near future, after
judicial actions have been introduced by various rights holders in the EU and
in the world against some AI providers; |
Or. en
Amendment 103
Kosma Złotowski
Motion for a resolution
Recital J
|
|
|
|
Motion for a resolution |
Amendment |
|
J. whereas
Article
4 of Directive (EU) 2019/790 on copyright and related rights in the Digital
Single Market (CDSM Directive) introduced an exception for the reproduction
and the extraction of works and other subject matter for the purpose of text
and data mining (TDM), which, under Article 2 of that Directive, is defined
as ‘any automated analytical technique aimed at analysing text and data in
digital form in order to generate information [...]’; whereas Article
4 was neither drafted nor intended to regulate the specific practices
involved in AI training; |
J. whereas
Articles
3 and 4 of Directive (EU) 2019/790 on copyright and related rights in
the Digital Single Market (CDSM Directive) introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; whereas Articles 3 and 4 were intended inter alia to regulate
the specific practices involved in AI training, which has been confirmed by
guidance from the European Commission, the AI Act and jurisprudence; the
existing TDM exception under Article 4 CDSM provides a relevant legal
framework for the use of protected works for AI training purposes; whereas the
European Parliament's press release that was issued when the Directive was
enacted states that Article 4 will "contribute to the development of
data analytics and artificial intelligence"; |
Or. en
Amendment 104
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital J
|
|
|
|
Motion for a resolution |
Amendment |
|
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; whereas Article 4 was neither drafted nor intended to
regulate the specific practices involved in AI training; |
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced a mandatory exception
for the reproduction and the extraction of works and other subject matter for
the purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information [...]’;
whereas such TDM exception shall apply on condition that the use of works and
other subject matter has not been expressly reserved by their rightholders in
an appropriate manner, such as machine-readable means in the case of content
made publicly available online, without affecting the application of
Article 3 of the CDSM Directive enshrining a mandatory exception for text and
data mining for scientific research; |
Or. en
Amendment 105
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital J
|
|
|
|
Motion for a resolution |
Amendment |
|
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced an
exception for the reproduction and the extraction of works and other subject
matter for the purpose of text and data mining (TDM), which, under Article 2
of that Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; whereas Article 4 was neither drafted nor intended to regulate the
specific practices involved in AI training; |
J. whereas
Article 4 of the CDSM Directive introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; |
Or. en
Amendment 106
Maravillas Abadía Jover
Motion for a resolution
Recital J
|
|
|
|
Motion for a resolution |
Amendment |
|
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; whereas Article 4 was neither drafted nor intended to regulate the
specific practices involved in AI training; |
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; |
Or. en
Amendment 107
Jörgen Warborn
Motion for a resolution
Recital J
|
|
|
|
Motion for a resolution |
Amendment |
|
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; whereas Article 4 was neither drafted nor
intended to regulate the specific practices involved in AI training; |
J. whereas
Article 4 of Directive (EU) 2019/790 on copyright and related rights in the
Digital Single Market (CDSM Directive) introduced an exception for the
reproduction and the extraction of works and other subject matter for the
purpose of text and data mining (TDM), which, under Article 2 of that
Directive, is defined as ‘any automated analytical technique aimed at
analysing text and data in digital form in order to generate information
[...]’; whereas Article 4 wasn't drafted to specifically
regulate the specific practices involved in AI training, however is still applicable. |
Or. en
Amendment 108
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital J a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
J a. whereas this exception applies on
condition that the use of works and other subject matter referred to in that
paragraph has not been expressly reserved by their rights holders through so
called ‘opt out’ in an appropriate manner; |
Or. en
Amendment 109
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital K
|
|
|
|
Motion for a resolution |
Amendment |
|
K. whereas this new and specific form of use
(GenAI training) requires a clarification of the legal conditions under which
such training may be conducted; |
deleted |
Or. en
Amendment 110
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital K
|
|
|
|
Motion for a resolution |
Amendment |
|
K. whereas
this
new and specific form of use (GenAI training) requires a
clarification of the legal conditions under which such training may be
conducted; |
K. whereas
the
TDM exceptions were originally not designed to address generative AI
training and therefore are not applicable; whereas an application of these
exceptions to generative AI training would not comply with the
Three-Step-Test of European and International law; whereas a
clarification of the legal conditions under which such training may be
conducted is needed |
Or. en
Amendment 111
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital K
|
|
|
|
Motion for a resolution |
Amendment |
|
K. whereas
this new and specific form of use (GenAI training) requires a clarification
of the legal conditions under which such training may be conducted; |
K. whereas
this new and specific form of use (GenAI training) is not covered by the
exceptions set out in the CDSM Directive, and requires a clarification
of the legal conditions under which such training may be conducted; considering
that such clarification would benefit both rights holders and AI providers
and deployers; |
Or. en
Amendment 112
Mario Mantovani
Motion for a resolution
Recital K
|
|
|
|
Motion for a resolution |
Amendment |
|
K. whereas
this new and specific form of use (GenAI training) requires a clarification of the
legal conditions under which such training may be conducted; |
K. whereas
this new and specific form of use (GenAI training) is not covered by TDM
exception, as these were not initially conceived to cover generative AI
training, and such uses would conflict with the conditions of
the Three-Step Test mandated under European and International
copyright law; |
Or. en
Amendment 113
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital K
|
|
|
|
Motion for a resolution |
Amendment |
|
K. whereas
this new and specific form of use (GenAI training) requires a
clarification of the legal conditions under which such training may
be conducted; |
K. whereas
this specific form of use (GenAI training) requires an assessment of the
legal conditions under which such training may be conducted in
order to both ensure effective enforcement of the CDSM Directive and to
enable good conditions for AI training in the EU; |
Or. en
Amendment 114
Kosma Złotowski
Motion for a resolution
Recital K
|
|
|
|
Motion for a resolution |
Amendment |
|
K. whereas
this new and specific form of use (GenAI training) requires a clarification
of the legal conditions under which such training may be conducted; |
K. whereas
this specific form of use (GenAI training) requires a confirmation of the above
legal conditions under which such training may be conducted; |
Or. en
Amendment 115
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital K a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
K a. whereas Article 3 of the CDSM Directive
introduced an exception for reproductions and extractions made by research
organisations and cultural heritage institutions in order to carry out, for
the purposes of scientific research, text and data mining of works or other
subject matter to which they have lawful access; whereas this exception for
research and scientific activities should be maintained to support research
and innovation in the EU; |
Or. en
Amendment 116
Kosma Złotowski
Motion for a resolution
Recital L
|
|
|
|
Motion for a resolution |
Amendment |
|
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering innovation,
ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; |
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering
innovation, ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; whereas
copyright-protected works are extremely valuable for the purposes of training
artificial intelligence, including from the point of view of properly
reflecting European cultural and linguistic diversity; |
Or. en
Amendment 117
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital L
|
|
|
|
Motion for a resolution |
Amendment |
|
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering
innovation, ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; |
L. whereas
high-quality and comprehensive training datasets are essential both
for research and for the effective commercial development
of GenAI systems and to secure high-quality and trustworthy outputs of GenAI
systems; whereas enabling the lawful creation and use of such datasets
within the European Union is therefore crucial to fostering innovation,
ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; whereas
innovation and the EU’s technological sovereignty should go hand in hand with
reaffirming the principle of moral and economic rights of the creative
sector; |
Or. en
Amendment 118
Mario Furore
Motion for a resolution
Recital L
|
|
|
|
Motion for a resolution |
Amendment |
|
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering
innovation, ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; |
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union, which excludes pirated, unauthorised or
otherwise infringing material, is therefore crucial to fostering
innovation, ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape and
protecting Europe’s cultural and creative industries; |
Or. en
Amendment 119
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital L
|
|
|
|
Motion for a resolution |
Amendment |
|
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering innovation,
ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; |
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union on the basis of licensing by fair and
non-waivable remuneration for the right holders concerned is
therefore crucial to fostering innovation, ensuring technological
sovereignty, and maintaining the Union’s competitiveness in the rapidly
evolving global AI landscape; |
Or. en
Amendment 120
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital L
|
|
|
|
Motion for a resolution |
Amendment |
|
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering innovation,
ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; |
L. whereas
high-quality, human-based (non synthetic) and comprehensive training
datasets are essential for the effective development of GenAI systems and to
secure high-quality and trustworthy outputs of GenAI systems; whereas
enabling the lawful use of such datasets within the European Union is
therefore crucial to fostering innovation, ensuring technological and
cultural sovereignty, and maintaining the Union’s competitiveness in
the rapidly evolving global AI landscape; |
Or. en
Amendment 121
Maravillas Abadía Jover
Motion for a resolution
Recital L
|
|
|
|
Motion for a resolution |
Amendment |
|
L. whereas
high-quality and comprehensive training datasets are essential for the
effective development of GenAI systems and to secure high-quality and
trustworthy outputs of GenAI systems; whereas enabling the lawful use of such
datasets within the European Union is therefore crucial to fostering
innovation, ensuring technological sovereignty, and maintaining the Union’s
competitiveness in the rapidly evolving global AI landscape; |
L. whereas
high-quality and comprehensive training datasets, are essential for the
effective development and training of GenAI systems and
to secure high-quality and trustworthy outputs of GenAI systems; whereas
enabling the lawful use of such datasets within the European Union is
therefore crucial to fostering innovation, ensuring technological
sovereignty, and maintaining the Union’s competitiveness in the rapidly
evolving global AI landscape; |
Or. en
Amendment 122
Mario Mantovani
Motion for a resolution
Recital L a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
L a. Whereas GenAI do not only rely on training
data they collect themselves but also on dedicated datasets that were built
by third parties and amy be hosted on dedicated public platforms; whereas
copyright rules also apply to dataset creators and to platforms dedicated to
hosting them; whereas platforms hosting third party datasets should be
subject to a traceability obligation regarding their users who provide
datasets for AI training; whereas Gen AI providers should have an obligation
to ensure that third-party datasets they use are copyright compliant |
Or. en
Amendment 123
Victor Negrescu
Motion for a resolution
Recital L a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
L a. whereas the development of generative AI
systems must be accompanied by clear commitments from providers to ensure
transparency, fair remuneration, and the avoidance of algorithmic bias or
discrimination, so as to align technological progress with the Union’s
fundamental rights and social objectives; |
Or. en
Amendment 124
Kosma Złotowski
Motion for a resolution
Recital L a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
L a. whereas lawful use expressly excludes the
use of pirated, unauthorised, or otherwise infringing material; |
Or. en
Amendment 125
Kosma Złotowski
Motion for a resolution
Recital L b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
L b. whereas the use of infringing datasets
undermines both the reliability of AI outputs and the protection of Europe’s
cultural and creative industries; |
Or. en
Amendment 126
Ton Diepeveen
Motion for a resolution
Recital M
|
|
|
|
Motion for a resolution |
Amendment |
|
M. whereas the upcoming launch of the EUIPO
Copyright Knowledge Centre would represent a timely and commendable
initiative aimed at strengthening the interface between copyright and
emerging technologies, particularly GenAI; |
deleted |
Or. nl
Amendment 127
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital M
|
|
|
|
Motion for a resolution |
Amendment |
|
M. whereas
the upcoming launch of the EUIPO Copyright Knowledge Centre would represent a
timely and commendable initiative aimed at strengthening the interface
between copyright and emerging technologies, particularly GenAI; |
M. whereas
the upcoming launch of the EUIPO Copyright Knowledge Centre would represent a
timely and commendable initiative aimed at strengthening the interfaceand
becme a main point of contact between copyright and related
rights' owners and representatives and stakeholders acting in the field of
emerging technologies, particularly GenAI; |
Or. en
Amendment 128
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital M
|
|
|
|
Motion for a resolution |
Amendment |
|
M. whereas
the upcoming launch of the EUIPO Copyright Knowledge Centre would represent a
timely and commendable initiative aimed at strengthening the interface
between copyright and emerging technologies, particularly GenAI; |
M. whereas
the upcoming launch of the EUIPO Copyright Knowledge Centre would represent a
timely and commendable initiative aimed at providing useful and reliable
information on copyright and at strengthening the interface between
copyright and emerging technologies, particularly GenAI; |
Or. en
Amendment 129
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital M a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
M a. whereas the licensing models applicable to
generative AI, whether direct or collective, are likely to differ across
sectors; whereas these models must always remain voluntary in order to
guarantee rights holders the freedom to choose the solution best suited to
their situation, or even to refuse any licence; whereas, furthermore,
licences concluded for the training of AI systems cannot be automatically
interpreted as regularising previous unauthorised uses of protected works; |
Or. en
Amendment 130
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital M a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
M a. whereas digitalization especially when
driven by large, monopoly-like platforms, requires a bigger bargaining power
of the creative sector to defend its rights, a greater centralization and
better coordinated structures for rights management are needed |
Or. en
Amendment 131
Ton Diepeveen
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas, in addition to a standardised
machine-readable opt-out, rights holders should also have the possibility to
register such opt-out in a centralised registry, using a single technological
standard and in machine-readable format, potentially managed by the European
Union Intellectual Property Office (EUIPO), thereby enabling the effective
exclusion of registered works from automated data crawling; |
deleted |
Or. nl
Amendment 132
Mario Mantovani
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders
should also have the possibility to register such opt-out in a
centralised registry, using a single technological standard and in
machine-readable format, potentially managed by the European Union
Intellectual Property Office (EUIPO), thereby enabling the effective
exclusion of registered works from automated data crawling; |
N. whereas,
in addition to deploying state-of-the-art machine-readable opt-out protocols,
rights holders should also have the possibility to register such opt-out in voluntary,
decentralised and interoperable registries, in machine-readable
format, potentially managed by the European Union Intellectual Property
Office (EUIPO), thereby enabling the effective exclusion of reserved
works from automated data crawling; whereas such voluntary registries should
not lead to any presumption regarding unregistered works and should be
accompanied with incentives to register reserved works, such as statutory
damages in case of use of registered rights reservation; whereas EUIPO should
be tasked with maintaining a centralised registry of crawlers used for GenAI
purposes, in order to guarantee visibility for rightsholders and enable them
to express their opt out; |
Or. en
Amendment 133
Kosma Złotowski
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a centralised registry,
using a single technological standard and in machine-readable format,
potentially managed by the European Union Intellectual Property Office
(EUIPO), thereby enabling the effective exclusion of registered works from
automated data crawling; |
N. whereas,
in addition to a machine-readable opt-out, rights holders should also have
the possibility, on a voluntary basis, to register such opt-out in a
centralised registry, using a single technological standard and in
machine-readable format, potentially managed by the European Union
Intellectual Property Office (EUIPO), thereby enabling TDM users to act on a rights
reservation when appropriate without undue burden, and ensuring that the
registry respects the unconditional TDM exception that exists under Article 3
and do not overlook the existence of other relevant exceptions under the CDSM
Directive; further facilitating the effective exclusion of registered
works from automated data crawling; |
Or. en
Amendment 134
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition
to a standardised machine-readable opt-out, rights holders should also
have the possibility to register such opt-out in a centralised
registry, using a single technological standard and in machine-readable
format, potentially managed by the European Union Intellectual Property
Office (EUIPO), thereby enabling the effective exclusion of registered works
from automated data crawling; |
N. whereas,
in order
to enable effective opt-outs, rights holders should be
empowered to register such opt-out in a centralised or
federated registry, using a single technological standard and in
machine-readable format, including an itemised list of each
opted-out piece of content, potentially managed by the European Union
Intellectual Property Office (EUIPO) or through other effective, sector-specific
registries, catalogues or dataspaces, thereby enabling the effective
exclusion of registered works from automated data crawling and
providing legal certainty to both rights holders and AI providers; |
Or. en
Amendment 135
Jörgen Warborn
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a centralised registry,
using a single technological standard and in machine-readable format, potentially
managed by the European Union Intellectual Property Office (EUIPO), thereby
enabling the effective exclusion of registered works from automated data
crawling; |
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders could
also have the possibility to register such opt-out in a registry, using a
single technological standard and in machine-readable format, |
Or. en
Amendment 136
Laurence Farreng, Dainius Žalimas, Pascal Canfin
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights
holders should also have the possibility to register such opt-out in a centralised
registry, using a single technological standard and in
machine-readable format, potentially managed by the European Union
Intellectual Property Office (EUIPO), thereby enabling the effective
exclusion of registered works from automated data crawling; |
N. whereas
GenAI
is an extremely fast-developing technology and rights holders must
take this into account to ensure that their right of refusal is effective;
whereas the EUIPO should therefore consider continuously monitoring
and listing existing data crawling technologies, for the benefit of rights
holders, in order to ensure the effectiveness and technological longevity
of the refusals expressed; whereas any proposal for a new mechanism for
expressing the right of refusal risks adding a new layer of complexity to the
already complex architecture; |
Or. en
Amendment 137
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a centralised registry,
using a single technological standard and in machine-readable
format, potentially managed by the European Union Intellectual Property
Office (EUIPO), thereby enabling the effective exclusion of registered works
from automated data crawling; |
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a decentralised registry,
using sector specific technological standards and interoperable
machine-readable format, potentially managed by the European Union
Intellectual Property Office (EUIPO), thereby enabling the effective
exclusion of registered works from automated data crawling,
when the rightsholders want to reserve their rights; |
Or. en
Amendment 138
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Recital N
|
|
|
|
Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a centralised
registry, using a single technological standard and in machine-readable
format, potentially managed by the European Union Intellectual
Property Office (EUIPO), thereby enabling the effective exclusion of registered
works from automated data crawling; |
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to use an opt-out repository managed
by the European Union Intellectual Property Office (EUIPO), thereby enabling
the effective exclusion of copyright protected works from
automated data crawling, this would in particular improve the
situation of small right holders such as independent creators, freelancers
and other small businesses who hold a copyright; |
Or. en
Amendment 139
Angelika Niebler, Sabine Verheyen
Motion for a resolution
Recital N
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Motion for a resolution |
Amendment |
|
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a centralised registry,
using a single technological standard and in machine-readable format,
potentially managed by the European Union Intellectual Property Office
(EUIPO), thereby enabling the effective exclusion of registered works from
automated data crawling; |
N. whereas,
in addition to a standardised machine-readable opt-out, rights holders should
also have the possibility to register such opt-out in a centralised registry,
potentially as a complement to other methods, using a single
technological standard and in machine-readable format, potentially managed by
the European Union Intellectual Property Office (EUIPO), thereby enabling the
effective exclusion of registered works from automated data crawling; |
Or. en
Amendment 140
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital O
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Motion for a resolution |
Amendment |
|
O. whereas
any GenAI provider should ensure full and detailed transparency
concerning all copyright-protected content used to train that system,
irrespective of the jurisdiction in which the copyright-relevant acts
underlying the training were performed; whereas this transparency shall
consist in an itemised list identifying each copyright-protected
content used for training; whereas the same requirement should apply mutatis
mutandis to any subsequent use of content for inference, retrieval-augmented
generation or fine-tuning not only by providers of AI models, as currently
stipulated by Article 53 AIA, but also by providers or deployers of AI
systems; |
O. whereas
any developer and provider of AI, including GenAI should
ensure full and detailed transparency concerning all content used to train
that system, irrespective of the jurisdiction in which the copyright-relevant
acts underlying the training were performed; whereas this transparency shall
consist in an itemised list identifying each content used for training;
whereas the same requirement should apply mutatis mutandis to any subsequent
use of content for other purposes including
inference, retrieval-augmented generation or fine-tuning not only by
providers of AI models, as currently stipulated by Article 53 AIA, but also
by providers or deployers of AI systems; whereas uses such as inference and
retrieval-augmented generation essentially happen continuously and in
real-time and, in such cases, transparency should include the act of crawling
itself whereby, on the one hand crawlers are required to identify themselves
to the web operators, and on the other hand AI providers or deployers are
required to maintain detailed records of their crawling activities; whereas a
presumption that content has been crawled, including for inference and
retrieval-augmented generation purposes, should apply where AI systems handle
user queries ; whereas the mere information of the third-party content used
by AI and GenAI providers and deployers does not constitute trade secrets
under EU law; |
Or. en
Amendment 141
Jörgen Warborn
Motion for a resolution
Recital O
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Motion for a resolution |
Amendment |
|
O. whereas
any GenAI provider should ensure full and detailed transparency
concerning all copyright-protected content used to train that system,
irrespective of the jurisdiction in which the copyright-relevant acts
underlying the training were performed; whereas this transparency shall consist in
an itemised list identifying each copyright-protected content used for
training; whereas the same requirement should apply mutatis mutandis to any
subsequent use of content for inference, retrieval-augmented generation or
fine-tuning not only by providers of AI models, as currently stipulated by
Article 53 AIA, but also by providers or deployers of AI systems; |
O. whereas
any GenAI provider should ensure transparency concerning all
copyright-protected content used to train that system, irrespective of the
jurisdiction in which the copyright-relevant acts underlying the training
were performed; |
Or. en
Amendment 142
Ton Diepeveen
Motion for a resolution
Recital O
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Motion for a resolution |
Amendment |
|
O. whereas
any GenAI provider should ensure full and detailed transparency concerning
all copyright-protected content used to train that system, irrespective of
the jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency shall consist in an itemised
list identifying each copyright-protected content used for training;
whereas
the same requirement should apply mutatis mutandis to any subsequent use of
content for inference, retrieval-augmented generation or fine-tuning not only
by providers of AI models, as currently stipulated by Article 53
AIA, but also by providers or deployers of AI systems; |
O. whereas
any GenAI provider should ensure full and detailed transparency concerning
all copyright-protected content used to train that system, irrespective of
the jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency can be achieved by
training AI models in such a way that rights holders whose
copyright has been used are informed about such use; |
Or. nl
Amendment 143
Victor Negrescu
Motion for a resolution
Recital O
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Motion for a resolution |
Amendment |
|
O. whereas
any GenAI provider should ensure full and detailed transparency concerning
all copyright-protected content used to train that system, irrespective of
the jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency shall consist in an itemised list
identifying each copyright-protected content used for training; whereas the
same requirement should apply mutatis mutandis to any subsequent use of
content for inference, retrieval-augmented generation or fine-tuning not only
by providers of AI models, as currently stipulated by Article 53 AIA, but
also by providers or deployers of AI systems; |
O. whereas
any GenAI provider should ensure full and detailed transparency concerning
all copyright-protected content used to train that system, irrespective of
the jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency shall consist in an itemised list
identifying each copyright-protected content used for training,
in a way that is accessible, searchable, and comprehensible also to
non-specialist rights holders, including individuals and SMEs, without
creating disproportionate administrative burdens; whereas the same
requirement should apply mutatis mutandis to any subsequent use of content
for inference, retrieval-augmented generation or fine-tuning not only by
providers of AI models, as currently stipulated by Article 53 AIA, but also
by providers or deployers of AI systems; |
Or. en
Amendment 144
Maravillas Abadía Jover
Motion for a resolution
Recital O
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Motion for a resolution |
Amendment |
|
O. whereas
any GenAI provider should ensure full and detailed transparency concerning
all copyright-protected content used to train that system, irrespective of
the jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency shall consist in an itemised list
identifying each copyright-protected content used for training; whereas the
same requirement should apply mutatis mutandis to any subsequent use of
content for inference, retrieval-augmented generation or fine-tuning not only
by providers of AI models, as currently stipulated by Article 53 AIA, but
also by providers or deployers of AI systems; |
O. whereas
any GenAI provider should ensure full and detailed transparency concerning
all copyright-protected content used to train that system, irrespective of
the jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency shall consist in an itemised list
identifying each copyright-protected content used for training; whereas this
list should be made publicly available, especially to rightholders; whereas
the same requirement should apply mutatis mutandis to any subsequent use of
content for inference, retrieval-augmented generation or fine-tuning not only
by providers of AI models, as currently stipulated by Article 53 AIA, but
also by providers or deployers of AI systems; |
Or. en
Amendment 145
Kosma Złotowski
Motion for a resolution
Recital O
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Motion for a resolution |
Amendment |
|
O. whereas
any GenAI provider should ensure full and detailed transparency
concerning all copyright-protected content used to train that system,
irrespective of the jurisdiction in which the copyright-relevant acts
underlying the training were performed; whereas this transparency shall
consist in an itemised list identifying each copyright-protected content used
for training; whereas the same requirement should apply mutatis mutandis to
any subsequent use of content for inference, retrieval-augmented generation
or fine-tuning not only by providers of AI models, as currently stipulated by
Article 53 AIA, but also by providers or deployers of AI systems; |
O. whereas
any GenAI provider should ensure transparency concerning all
copyright-protected content used to train that system, irrespective of the
jurisdiction in which the copyright-relevant acts underlying the training
were performed; whereas this transparency shall consist in an itemised list,
identifying each copyright-protected content used for training; whereas the
same requirement should apply mutatis mutandis to any subsequent use of
content for inference, retrieval-augmented generation or fine-tuning not only
by providers of AI models, as currently stipulated by Article 53 AIA and
the Code of Practice on General Purpose AI, but also by providers or
deployers of AI systems; |
Or. en
Amendment 146
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital O
|
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Motion for a resolution |
Amendment |
|
O. whereas
any
GenAI provider should ensure full and detailed transparency
concerning all copyright-protected content used to train that
system, irrespective of the jurisdiction in which the
copyright-relevant acts underlying the training were
performed; whereas this transparency shall consist in an itemised
list identifying each copyright-protected content used for training;
whereas the same requirement should apply mutatis mutandis to any subsequent
use of content for inference, retrieval-augmented
generation or fine-tuning not only by providers of AI models, as currently
stipulated by Article 53 AIA, but also by providers or deployers of AI
systems; |
O. whereas
GenAI providers should ensure transparency concerning copyright-protected
content used to train their GenAI models to the maximum extent
technologically feasible, irrespective of the jurisdiction in which
the copyright-relevant acts underpinning the training of
their GenAI models take place; whereas this transparency and
its practical implementation should ensure that rights holders can assess if
their copyright-protected content was used for AI
training purposes, including information such as source, date and time of
collection and use, and the legal basis for using their content; |
Or. en
Amendment 147
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital O a (new)
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Motion for a resolution |
Amendment |
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O a. Whereas allowing rights holdersnot only to
verify that their opposition to the use of protected content has been taken
into account, but also to derive economic benefits in terms of remuneration
is essential. Whereas information relating to protected content used by
generative AI service providers should not be classified as trade secrets
within the meaning of European Union law. |
Or. en
Amendment 148
Kosma Złotowski
Motion for a resolution
Recital O a (new)
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Motion for a resolution |
Amendment |
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|
O a. whereas providers of general-purpose AI
models, to ensure compliance with the AI Act, should put in place a policy to
comply with Union law on copyright and related rights, in particular to
identify and comply with the reservation of rights expressed by rightsholders
pursuant to Article 4(3) of Directive (EU) 2019/790; |
Or. en
Amendment 149
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital O a (new)
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Motion for a resolution |
Amendment |
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O a. considering that the “sufficiently detailed
summary” template requested from GenAI providers does not, in its current
form, guarantee adequate transparency conditions regarding the content used
to train their systems; |
Or. en
Amendment 150
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital O b (new)
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Motion for a resolution |
Amendment |
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|
O b. Whereas the Commission’s Template for the
public summary of training content for general-purpose AI models is of
voluntary compliance and provides only for minimum requirements allowing to
fulfil the transparency obligations of AI providers, where it is necessary to
enable the exercise of rights protected under Union law in a meaningful
manner as required by Article 53(1)(d) and Recital 107 of the AI Act; whereas
the ‘sufficiently detailed’ public summary shall make it possible to identify
the potential use of copyrighted content, based not only on the type of
content but also on its sensitivity to legal rights; whereas the protection
of trade secrets or confidential business information should not prevent to
achieve the objective of the summary of providing meaningful public
transparency and facilitating parties with legitimate interests to exercise
and enforce their rights under Union law; |
Or. en
Amendment 151
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital O c (new)
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Motion for a resolution |
Amendment |
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|
O c. Providers should go beyond the minimum requirements
in the Template and disclose in the Summary more details than what is
required by Article 53(1)(d) AI Act and the Template; |
Or. en
Amendment 152
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital O d (new)
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Motion for a resolution |
Amendment |
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|
O d. Furthermore, for domain names scraped or crawled
from the internet that are not listed in the Summary, it is recommended that
providers act in good faith and on a voluntary basis enable parties with a
legitimate interest including rightholders, upon requests, to obtain
information whether the provider has scraped and used for training content
which includes protected works and other subject matter that rightholders
have made available on specific internet domains; |
Or. en
Amendment 153
Ton Diepeveen
Motion for a resolution
Recital P
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Motion for a resolution |
Amendment |
|
P. whereas such transparency could be
facilitated through a trusted intermediary, such as the European Union
Intellectual Property Office (EUIPO), which would be responsible for
notifying rights holders of the use of their content, thereby enabling them
to assert claims in relation to its use for training; such
an intermediary should be endowed with the necessary powers and resources to
assess whether providers and deployers comply fully with the transparency
obligations; |
deleted |
Or. nl
Amendment 154
Jörgen Warborn
Motion for a resolution
Recital P
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|
Motion for a resolution |
Amendment |
|
P. whereas such transparency could be
facilitated through a trusted intermediary, such as the European Union
Intellectual Property Office (EUIPO), which would be responsible for
notifying rights holders of the use of their content, thereby enabling them
to assert claims in relation to its use for training; such an intermediary
should be endowed with the necessary powers and resources to assess whether
providers and deployers comply fully with the transparency obligations; |
deleted |
Or. en
Amendment 155
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital P
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|
Motion for a resolution |
Amendment |
|
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would be
responsible for notifying rights holders of the use of their content, thereby
enabling them to assert claims in relation to its use for training; such an
intermediary should be endowed with the necessary powers and resources to
assess whether providers and deployers comply fully with the transparency
obligations; |
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would be
responsible for notifying rights holders of the use of their content, thereby
enabling them to assert claims in relation to its use for training; such an
intermediary should be endowed with the necessary powers and resources to : |
|
|
1. assess
whether providers and deployers comply fully with the transparency
obligations; |
|
|
2. require
and analyze detailed transparency reports; |
|
|
3. allow
rights holders with a legitimate interest to access relevant information to
monitor the use of their content; |
Or. en
Amendment 156
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital P
|
|
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|
Motion for a resolution |
Amendment |
|
P. whereas
such transparency could be facilitated through a trusted intermediary,
such as the European Union Intellectual Property Office (EUIPO),
which would be responsible for notifying rights holders of the use of their
content, thereby enabling them to assert claims in relation to its
use for training; such an intermediary should be endowed with the necessary
powers and resources to assess whether providers and deployers comply fully
with the transparency obligations; |
P. whereas
such transparency could be facilitated through a trusted intermediary linked
to a central, federal, or sector-specific opt-out registry, catalogue or
database, which would be responsible for notifying rights holders of
the use of their content, thereby enabling them to obtain licensing fees
in relation to its use for training; such an intermediary should be endowed
with the necessary powers and resources to assess whether providers and
deployers comply fully with the transparency obligations and to arbitrate between rights
holders and AI providers in case of disputes; |
Or. en
Amendment 157
Maravillas Abadía Jover
Motion for a resolution
Recital P
|
|
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|
Motion for a resolution |
Amendment |
|
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would be
responsible for notifying rights holders of the use of their content,
thereby enabling them to assert claims in relation to its use for training;
such an intermediary should be endowed with the necessary powers and
resources to assess whether providers and deployers comply fully with the
transparency obligations; |
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would serve
as a support body to help right holders safeguard their interests;
such an intermediary should be endowed with the necessary powers and
resources to assess whether providers and deployers comply fully with the transparency
obligations; |
Or. en
Amendment 158
Angelika Niebler, Sabine Verheyen
Motion for a resolution
Recital P
|
|
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|
Motion for a resolution |
Amendment |
|
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would be
responsible for notifying rights holders of the use of their content, thereby
enabling them to assert claims in relation to its use for training; such an
intermediary should be endowed with the necessary powers and resources to
assess whether providers and deployers comply fully with the transparency obligations; |
P. whereas
such transparency could be additionally facilitated through a
trusted intermediary, such as the European Union Intellectual Property Office
(EUIPO), which would be responsible for notifying rights holders of the use
of their content, thereby enabling them to assert claims in relation to its
use for training; such an intermediary should be endowed with the necessary
powers and resources to assess whether providers and deployers comply fully
with the transparency obligations; |
Or. en
Amendment 159
Kosma Złotowski
Motion for a resolution
Recital P
|
|
|
|
Motion for a resolution |
Amendment |
|
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would be
responsible for notifying rights holders of the use of their content, thereby
enabling them to assert claims in relation to its use for training; such an
intermediary should be endowed with the necessary powers and resources to
assess whether providers and deployers comply fully with the transparency
obligations; |
P. whereas
such transparency could further be facilitated
through a trusted intermediary, such as the European Union Intellectual
Property Office (EUIPO), which would be responsible for notifying rights
holders of the use of their content, thereby enabling them to assert claims
in relation to its use for training; such an intermediary should be endowed
with the necessary powers and resources to assess whether providers and
deployers comply fully with the transparency obligations; |
Or. en
Amendment 160
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Recital P
|
|
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|
Motion for a resolution |
Amendment |
|
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would be
responsible for notifying rights holders of the use of their
content, thereby enabling them to assert claims in relation to its use for
training; such an intermediary should be endowed with the necessary powers
and resources to assess whether providers and deployers comply fully with the
transparency obligations; |
P. whereas
such transparency could be facilitated through a trusted intermediary, such
as the European Union Intellectual Property Office (EUIPO), which would help
rights holders to identify the use of their content, thereby enabling them
to assert claims in relation to its use for training; such an intermediary
should be endowed with the necessary powers and resources to assess whether
providers and deployers comply fully with the transparency obligations; |
Or. en
Amendment 161
Ton Diepeveen
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas, as an alternative to the
aforementioned EUIPO register, transparency could also be achieved by
enabling rights holders to watermark their works and other protected subject
matter, and by requiring AI providers to make available search tools that
allow for the detection of such watermarks among the materials used for
training; |
deleted |
Or. nl
Amendment 162
Kosma Złotowski
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas, as an alternative to the
aforementioned EUIPO register, transparency could also be achieved by
enabling rights holders to watermark their works and other protected subject
matter, and by requiring AI providers to make available search tools that
allow for the detection of such watermarks among the materials used for
training; |
deleted |
Or. en
Amendment 163
Leire
Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as an alternative to the aforementioned EUIPO register, transparency
could also be achieved by enabling rights holders to watermark their
works and other protected subject matter, and by requiring AI
providers to make available search tools that allow for the
detection of such watermarks among the materials used for training; |
Q. whereas
in
addition to the consultation to the aforementioned EUIPO repository,
requiring
Generative AI providers to cooperate in good faith with relevant collective
management organisations and main rightholders would help to identify the
copyright protected works and other subject matter and to comply with
transparency requirements about the content used for GenAI training; whereas
such transparency could also be achieved by requiring Generative
AI providers to make available technical tools that allow for the
detection of such protected works and other subject matters among the materials
used for training as well as to use state-of-the-art tools to identify the reservation
of rights on copyright protected works and other protected subject matter; |
Or. en
Amendment 164
Maravillas Abadía Jover
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as an alternative to the aforementioned EUIPO register, transparency could
also be achieved by enabling rights holders to watermark their works
and other protected subject matter, and by requiring AI providers to make
available search tools that allow for the detection of such watermarks among
the materials used for training; |
Q. whereas
the
EUIPO could be entrusted with leading the establishment of a single
Union-level entry point serving as a one-stop shop for generative AI
developers, which would centralise the relevant
information and tools necessary to ensure compliance with
transparency obligations; such a system should enable rights holders to
watermark their works and other protected subject matter, and require
AI providers to make available search functionalities allowing for the
detection of such watermarks in the materials used for
training; |
Or. en
Amendment 165
Jörgen Warborn
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as an alternative to the aforementioned EUIPO register, transparency
could also be achieved by enabling rights holders to watermark their works and other
protected subject matter, and by requiring AI providers to make
available search tools that allow for the detection of such watermarks
among the materials used for training; |
Q. whereas
transparency could also be achieved by enabling rights holders to and
others to use and make available search tools that allow for the
detection among the materials used for training; |
Or. en
Amendment 166
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as
an alternative to the aforementioned EUIPO register,
transparency could also be achieved by enabling rights
holders to watermark their works and other protected subject matter, and by
requiring AI providers to make available search tools that allow for the
detection of such watermarks among the materials used for training; |
Q. whereas,
in
addition to the aforementioned registers, catalogues or databases,
transparency should also be facilitated by enabling rights
holders to watermark their works and other protected subject matter, and by
requiring AI providers to keep such watermarking unaltered, and to
make available search tools that allow for the detection of such watermarks
among the materials used for training; |
Or. en
Amendment 167
Mario Mantovani
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as an alternative to the aforementioned EUIPO register, transparency
could also be achieved by enabling rights holders to watermark their works
and other protected subject matter, and by requiring AI providers to make
available search tools that allow for the detection of such watermarks
among the materials used for training; |
Q. whereas,
transparency could also be achieved by enabling rights holders to watermark or
attach dedicated metadata, combined with blockchain technologies or industry
identifiers, to their works and other protected subject matter, and
by requiring AI providers to make available and deploy search tools
that ensure robust traceability of protected works among the
materials used for training; |
Or. en
Amendment 168
Laurence Farreng, Dainius Žalimas, Pascal Canfin
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as an alternative to the aforementioned EUIPO register, transparency could
also be achieved by enabling rights holders to
watermark their works and other protected subject matter, and by requiring AI
providers to make available search tools that allow for the detection of such
watermarks among the materials used for training; |
Q. whereas,
as an alternative to the aforementioned EUIPO register, transparency could
also be achieved by requiring AI providers or deployers to
allow rights holders to watermark their works and other protected
subject matter, and by requiring AI providers to make available search tools
that allow for the detection of such watermarks among the materials used for
training; |
Or. en
Amendment 169
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital Q
|
|
|
|
Motion for a resolution |
Amendment |
|
Q. whereas,
as
an alternative to the aforementioned EUIPO register, transparency could
also be achieved by enabling rights holders to watermark their works and
other protected subject matter, and by requiring AI providers to make
available search tools that allow for the detection of such watermarks among
the materials used for training; |
Q. whereas,
a
transparency should also be achieved by enabling rights holders to
watermark their works and other protected subject matter, and by requiring AI
providers to make available search tools that allow for the detection of such
watermarks among the materials used for training; |
Or. en
Amendment 170
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital Q a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
Q a. Believes that collective management
organisations (CMOs), thanks to their experience in representing a wide range
of rights-holders for large-scale licensing, notably at international level,
could play a central role in licensing the mass-scale uses of
copyright-protected works for training GenAI to facilitate the legal
exploitation of works and deliver remuneration to the authors and other
rightholders, while offering a central contact point for AI providers for
licensing; in particular, calls CMOs to engage further into efficient
technical solutions for the exchange of information between them
internationally and cross-creative sectors, notably within the framework of
their reciprocal agreements; |
Or. en
Amendment 171
Jörgen Warborn
Motion for a resolution
Recital R
|
|
|
|
Motion for a resolution |
Amendment |
|
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there
is a need to establish a mechanism whereby, under certain conditions, the
failure by AI providers or deployers to provide complete transparency shall
give rise to an irrebuttable presumption that any relevant copyrighted work
or other protected subject matter has been used for training purposes,
thereby triggering all applicable legal consequences under Union and national
law for the infringement of copyright or related rights; whereas,
where a court finds in favour of a rights holder on the basis of either such
a presumption or of submitted evidence, all reasonable and proportionate
legal costs and other expenses shall be borne by the AI provider; |
R. whereas,
in addition to the obligation of transparency, concerning
copyright-protected works and other protected subject matter, there's
a growing demand for market-based solution regarding licensing and
remuneration systems; whereas the AI Act contains requirements to
help rightholder to exercie their rights. |
Or. en
Amendment 172
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital R
|
|
|
|
Motion for a resolution |
Amendment |
|
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there is a need
to establish a mechanism whereby, under certain conditions, the failure by AI
providers or deployers to provide complete transparency shall give rise to an
irrebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder on the basis of either such a presumption or of
submitted evidence, all reasonable and proportionate legal costs and other
expenses shall be borne by the AI provider; |
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there is a need
to establish a mechanism whereby, under certain conditions, the failure by AI
providers or deployers to provide complete transparency shall give rise to an
irrebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder or the organisations representing them
on the basis of either such a presumption or of submitted evidence, all
reasonable and proportionate legal costs and other expenses shall be borne by
the AI provider; |
Or. en
Amendment 173
Kosma Złotowski
Motion for a resolution
Recital R
|
|
|
|
Motion for a resolution |
Amendment |
|
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there is a need
to establish a mechanism whereby, under certain conditions, the failure by AI
providers or deployers to provide complete transparency shall give rise to an
irrebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder on the basis of either such a presumption or of
submitted evidence, all reasonable and proportionate legal costs and other
expenses shall be borne by the AI provider; |
R. whereas,
in addition to the obligation of transparency concerning copyright-protected
works and other protected subject matter, there is a need to establish a
mechanism whereby, under certain conditions, the failure by AI system
providers or deployers to provide complete transparency may give rise to apresumption
that a relevant copyrighted work or other protected subject matter
has been used for training purposes, thereby triggering all applicable legal
consequences under Union and national law for the infringement of copyright
or related rights; whereas, where a court finds in favour of a rights holder
on the basis of either such a presumption or of submitted evidence, all
reasonable and proportionate legal costs and other expenses should
be borne by the AI system provider,
without prejudice to applicable national law; |
Or. en
Amendment 174
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Recital R
|
|
|
|
Motion for a resolution |
Amendment |
|
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there is a need
to establish a mechanism whereby, under certain conditions, the failure by AI
providers or deployers to provide complete transparency shall give rise to an
irrebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder on the basis of either such a presumption or of
submitted evidence, all reasonable and proportionate legal costs and other
expenses shall be borne by the AI provider; |
R. whereas,
in addition to the obligation of transparency concerning copyright-protected
works and other protected subject matter, there is a need to establish a
mechanism whereby, under certain conditions, the failure by AI developers,
providers or deployers to provide complete transparency shall give rise to a
rebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder on the basis of either such a presumption or of
submitted evidence, all reasonable and proportionate legal costs and other
expenses shall be borne by the AI provider; |
Or. en
Amendment 175
Ton Diepeveen
Motion for a resolution
Recital R
|
|
|
|
Motion for a resolution |
Amendment |
|
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there is a need
to establish a mechanism whereby, under certain conditions, the failure by AI
providers or deployers to provide complete transparency shall give rise to an
irrebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder on the basis of either such a presumption or of
submitted evidence, all reasonable and proportionate legal costs and other
expenses shall be borne by the AI provider; |
R. whereas,
in addition to the obligation of full transparency concerning
copyright-protected works and other protected subject matter, there is a need
to establish a mechanism whereby, under certain conditions, the failure by AI
providers or deployers to provide complete transparency shall give rise to an
irrebuttable presumption that any relevant copyrighted work or other
protected subject matter has been used for training purposes, thereby
triggering all applicable legal consequences under Union and national law for
the infringement of copyright or related rights; whereas, where a court finds
in favour of a rights holder on the basis of either such a presumption or of
submitted evidence, all legal costs and other reasonable
and proportionate expenses shall be borne by the AI provider; |
Or. nl
Amendment 176
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital R
|
|
|
|
Motion for a resolution |
Amendment |
|
R. whereas,
in addition to the obligation of full transparency concerning copyright-protected
works and other protected subject matter, there is a need to
establish a mechanism whereby, under certain conditions, the
failure by AI providers or deployers to provide complete transparency
shall give rise to an irrebuttable presumption that any relevant copyrighted
work or other protected subject matter has been used for training purposes,
thereby triggering all applicable legal consequences under Union and national
law for the infringement of copyright or related rights; whereas, where a
court finds in favour of a rights holder on the basis of either such a
presumption or of submitted evidence, all reasonable and proportionate legal
costs and other expenses shall be borne by the AI provider; |
R. whereas,
in addition to the obligation of full transparency, there is a need to
establish a mechanism whereby, the failure by providers or deployers of
AI models and systems to provide complete transparency shall give
rise to an irrebuttable presumption that any relevant copyright protected
work or other protected subject matter has been used for training,
inference, retrieval-augmented generation, fine-tuning or other
purposes, thereby triggering all applicable legal consequences under Union
and national law for the infringement of copyright or related rights;
whereas, where a court finds in favour of a rights holder on the basis of
either such a presumption or of submitted evidence, all reasonable and
proportionate legal costs and other expenses shall be borne by the AI
provider; |
Or. en
Amendment 177
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital S
|
|
|
|
Motion for a resolution |
Amendment |
|
S. whereas
there is a knowledge gap among GenAI providers, especially smaller firms,
regarding their copyright obligations under EU law; |
S. whereas
there is a knowledge gap among GenAI providers, especially smaller firms, regarding
their copyright obligations under EU law; whereas there is a need for
building capacity and knowledge among GenAI providers, in particular smaller
firms, regarding their obligations and license options; |
Or. en
Amendment 178
Maravillas Abadía Jover
Motion for a resolution
Recital S
|
|
|
|
Motion for a resolution |
Amendment |
|
S. whereas
there is a knowledge gap among GenAI providers,
especially smaller firms, regarding their copyright obligations under EU law; |
S. whereas
there is a need for capacity and knowledge development programmes for
GenAI providers, especially smaller firms, regarding their copyright obligations
and
how they can properly license the protected works they use for their services
under EU law; |
Or. en
Amendment 179
Kosma Złotowski
Motion for a resolution
Recital S
|
|
|
|
Motion for a resolution |
Amendment |
|
S. whereas
there is a knowledge gap among GenAI providers, especially
smaller firms, regarding their copyright obligations under EU law; |
S. whereas
there is a knowledge gap among AI providers, especially smaller
firms, regarding their copyright rights and obligations under EU
law; |
Or. en
Amendment 180
Ton Diepeveen
Motion for a resolution
Recital S
|
|
|
|
Motion for a resolution |
Amendment |
|
S. whereas
there
is a knowledge gap among GenAI providers,
especially smaller firms, regarding their copyright obligations
under EU law; |
S. whereas
increasing
knowledge among GenAI providers about current EU copyright legislation
is the responsibility of the Member State concerned; |
Or. nl
Amendment 181
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Recital S a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
S a. whereas voluntary, sector-specific
collective licensing agreements could provide a balanced and efficient
framework for ensuring the fair remuneration of rights holders while enabling
access to high-quality training data for AI providers; whereas such
collective licensing agreements should foster fairness, transparency and
legal certainty for all parties involved, in particular smaller rights
holders and small and medium-sized enterprises, while preventing the
fragmentation of licensing practices and addressing the risk of unilateral or
discriminatory licensing terms; |
Or. en
Amendment 182
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding
democracy and the democratic structure within the European Union; whereas it
is essential to ensure that GenAI models and systems do not
engage in selective processing that favours certain publications over others,
thereby preserving the plurality and impartiality of information;
whereas GenAI models and systems must be designed to incorporate and
consider the full spectrum of press publications to uphold
fundamental democratic values of diversity and fairness in public
discourse; whereas there is a need to establish clear quality standards for GenAI
models and systems; |
T. whereas
the media services sector hold a vital role in safeguarding
democracy and the democratic structure within the European Union; whereas it
is essential to ensure that AI assistants and their providers
do not engage in selective processing of information or content as such
that favours certain publications over others, thereby hampering the plurality
and impartiality of information; whereas AI assistants must be designed to
incorporate and consider the full spectrum of media services content
to uphold fundamental democratic values of media pluralism and
diversity as well as fairness in public discourse; whereas AI
assistants must be designed to not display information or content in general
factually incorrect; whereas providers of AI assistants shall be obliged to
adhere to the principle of source and brand attribution, thereby clearly
identifying original journalistic source material used, fully and correctly,
for the purpose of fostering transparency, authenticity and trustworthiness
in the communication process; whereas there is insofar a need to
establish clear quality standards for AI assistants; |
Or. en
Amendment 183
Victor Negrescu
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must be designed to incorporate and consider the full spectrum of press
publications to uphold fundamental democratic values of diversity and
fairness in public discourse; whereas there is a need to establish clear
quality standards for GenAI models and systems; |
T. whereas
the press sector holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must be designed to incorporate and consider the full spectrum of press
publications to uphold fundamental democratic values of diversity and
fairness in public discourse; whereas there is a need to establish clear
quality standards for GenAI models and systems; whereas attention should be
given to supporting local and regional press outlets to ensure pluralism is
preserved across all Member States, including in less digitally developed
regions; |
Or. en
Amendment 184
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must be designed to incorporate and consider the full spectrum of
press publications to uphold fundamental democratic values of diversity and
fairness in public discourse; whereas there is a need to establish clear
quality standards for GenAI models and systems; |
T. whereas
the press sector holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must incorporate and consider a diverse spectrum of press
publications to uphold fundamental democratic values of diversity and
fairness in public discourse; |
Or. en
Amendment 185
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must be designed to incorporate and consider the full spectrum of press
publications to uphold fundamental democratic values of diversity and
fairness in public discourse; whereas there is a need to establish clear
quality standards for GenAI models and systems; |
T. whereas
the press and audiovisual sector holds a vital role in safeguarding
democracy and the democratic structure within the European Union; whereas it
is essential to ensure that GenAI models and systems, including so called "AI
assistants" do not engage in selective processing that favours
certain publications over others, thereby preserving the plurality and
impartiality of information; whereas GenAI models and systems must be
designed to incorporate and consider the full spectrum of journalistic
media publications to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
Or. en
Amendment 186
Ton Diepeveen
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must be designed to incorporate and consider the full spectrum of press
publications to uphold fundamental democratic values of diversity and
fairness in public discourse; whereas there is a need to establish clear
quality standards for GenAI models and systems; |
T. whereas
freedom
of the press holds a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby preserving the
plurality and impartiality of information; whereas GenAI models and systems
must be designed to incorporate and consider the full spectrum of press
publications to uphold fundamental democratic values of diversity and
fairness in public discourse; whereas there is a need to establish clear
quality standards for GenAI models and systems; |
Or. nl
Amendment 187
Kosma Złotowski
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and
the democratic structure within the European Union; whereas it is essential
to ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby
preserving the plurality and impartiality of information; whereas GenAI
models and systems must be designed to incorporate and consider the full
spectrum of press publications to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
T. whereas
the media sector holds a vital role in safeguarding democracy and
the democratic structure within the European Union; whereas it is essential
to ensure that GenAI models and systems do not engage in selective processing
that favours certain news media over others, thereby
preserving the plurality and impartiality of information; whereas GenAI
models and systems must be designed to incorporate and consider the full
spectrum of news media to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
Or. en
Amendment 188
Mario Mantovani
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and
the democratic structure within the European Union; whereas it is essential
to ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby
preserving the plurality and impartiality of information; whereas GenAI
models and systems must be designed to incorporate and consider the full
spectrum of press publications to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
T. whereas
the media sector holds a vital role in safeguarding democracy and
the democratic structure within the European Union; whereas it is essential
to ensure that GenAI models and systems do not engage in selective processing
that favours certain news media over others, thereby
preserving the plurality and impartiality of information; whereas GenAI
models and systems must be designed to incorporate and consider the full
spectrum of news media to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
Or. en
Amendment 189
Mario Furore
Motion for a resolution
Recital T
|
|
|
|
Motion for a resolution |
Amendment |
|
T. whereas
the press sector holds a vital role in safeguarding democracy and
the democratic structure within the European Union; whereas it is essential
to ensure that GenAI models and systems do not engage in selective processing
that favours certain publications over others, thereby
preserving the plurality and impartiality of information; whereas GenAI
models and systems must be designed to incorporate and consider the full
spectrum of press publications to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
T. whereas
the media hold a vital role in safeguarding democracy and the
democratic structure within the European Union; whereas it is essential to
ensure that GenAI models and systems do not engage in selective processing
that favours certain news media over others, thereby
preserving the plurality and impartiality of information; whereas GenAI
models and systems must be designed to incorporate and consider the full
spectrum of news media to uphold fundamental democratic values of
diversity and fairness in public discourse; whereas there is a need to
establish clear quality standards for GenAI models and systems; |
Or. en
Amendment 190
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Recital T a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
T a. whereas the use of press publications,
including but not limited to textual articles, audiovisual material, and
video content, should be accompanied by a clear and visible indication of the
source and, where applicable, a direct link to the original work; whereas
this obligation should apply systematically, irrespective of whether the
material is reproduced, transformed, or incorporated as part of a generated
output; whereas such transparency is essential to safeguard copyright and
ensure fair recognition of journalistic and creative work as well as ensuring
and upholding the integrity of the information ecosystem and ensuring access
to pluralistic content of quality. |
Or. en
Amendment 191
Victor Negrescu
Motion for a resolution
Recital T a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
T a. whereas the use of general-purpose AI
models and systems for the aggregation and summarisation of news content can
divert audiences away from original press outlets, thereby reducing both
readership and associated advertising or subscription revenues; whereas such
effects may disproportionately impact local and regional media, further
endangering media pluralism in the Union; |
Or. en
Amendment 192
Victor Negrescu
Motion for a resolution
Recital T b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
T b. whereas certain forms of journalism, such
as war reporting, investigative journalism, and on-the-ground coverage in
high-risk or conflict zones, rely on human presence, judgment, and contextual
understanding that cannot be replicated by artificial intelligence; whereas
safeguarding these forms of journalism is essential to ensuring accurate,
first-hand information, protecting democratic discourse, and countering
disinformation; |
Or. en
Amendment 193
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Recital U
|
|
|
|
Motion for a resolution |
Amendment |
|
U. whereas
transparency regarding the output generated by artificial intelligence
systems is essential to enable proper classification of works as
‘human-created’ or otherwise; whereas such classification entails significant
legal consequences, including for the applicability of copyright protection
and the determination of rights and liabilities; |
U. whereas
citizens’ trust in AI can only be built on an ethics-by-default and
ethics-by-design regulatory framework, which ensures that any AI put into
operation fully respects and complies with the Treaties, the Charter and
secondary Union law; whereas explainability, auditability, traceability and
transparency are essential to ensuring citizens’ trust in those technologies;
whereas transparency on the use of AI in creative processes is
necessary to ensure the ethical use of the technology in the context of the
creative sector; whereas output generated by artificial intelligence
systems should be clearly labelled in order to enable proper
classification of works as ‘AI generated’ or ‘human-created’,
depending on whether the output meets the established criteria for copyright
protection; whereas such classification entails significant legal
consequences, including for the applicability of copyright protection and the
determination of rights and liabilities; |
Or. en
Amendment 194
Victor Negrescu
Motion for a resolution
Recital U
|
|
|
|
Motion for a resolution |
Amendment |
|
U. whereas
transparency regarding the output generated by artificial intelligence
systems is essential to enable proper classification of works as
‘human-created’ or otherwise; whereas such classification entails significant
legal consequences, including for the applicability of copyright protection
and the determination of rights and liabilities; |
U. whereas
transparency regarding the output generated by artificial intelligence
systems is essential to enable proper classification of works as
‘human-created’ or otherwise, and to protect consumers from deception,
safeguard democratic discourse, and ensure that human creativity remains
visible and valued in the digital space; whereas such classification
entails significant legal consequences, including for the applicability of
copyright protection and the determination of rights and liabilities; |
Or. en
Amendment 195
Kosma Złotowski
Motion for a resolution
Recital U
|
|
|
|
Motion for a resolution |
Amendment |
|
U. whereas
transparency regarding the output generated by artificial intelligence
systems is essential to enable proper classification of works as
‘human-created’ or otherwise; whereas such classification entails significant
legal consequences, including for the applicability of copyright protection
and the determination of rights and liabilities; |
U. whereas
transparency regarding the output fully generated by artificial
intelligence systems is essential to enable proper classification of works as
‘human-created’ or otherwise; whereas such classification entails significant
legal consequences, including for the applicability of copyright protection
and the determination of rights and liabilities; |
Or. en
Amendment 196
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital U
|
|
|
|
Motion for a resolution |
Amendment |
|
U. whereas
transparency regarding the output generated by artificial intelligence
systems is essential to enable proper classification of works as
‘human-created’ or otherwise; whereas such classification entails significant
legal consequences, including for the applicability of copyright protection
and the determination of rights and liabilities; |
U. whereas
transparency regarding the output generated by artificial intelligence
systems is essential to enable proper classification of outputs as
‘human-created’ or otherwise; whereas such classification entails significant
legal consequences, including for the applicability of copyright protection
and the determination of rights and liabilities; |
Or. en
Amendment 197
Mario Furore
Motion for a resolution
Recital V
|
|
|
|
Motion for a resolution |
Amendment |
|
V. whereas
the generation of outputs, characteristic of GenAI, can infringe the rights
of reproduction, of making available to the public, or of communication to
the public; whereas the TDM exception as provided for in article 4 of the
CSDSM does not cover the right of making available to the public or the right
of communication to the public; |
V. whereas
the generation of outputs, characteristic of GenAI, can infringe the rights
of reproduction, of making available to the public, or of communication to
the public; whereas the TDM exception as provided for in article 4 of the
CSDSM does not cover the right of making available to the public or the right
of communication to the public; whereas the generation of outputs by GenAI
trained on copyright-protected works already has a destabilising effect on
the commercial market of some cultural and creative sectors; |
Or. en
Amendment 198
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital V
|
|
|
|
Motion for a resolution |
Amendment |
|
V. whereas
the generation of outputs, characteristic of GenAI, can
infringe the rights of reproduction, of making available to the public, or of
communication to the public; whereas the TDM exception as provided for
in article 4 of the CSDSM does not cover the right of making available to the
public or the right of communication to the public; |
V. whereas
the generation of outputs characteristic of GenAI, can infringe the rights of
reproduction, of making available to the public, or of communication to the
public; |
Or. en
Amendment 199
Kosma Złotowski
Motion for a resolution
Recital V
|
|
|
|
Motion for a resolution |
Amendment |
|
V. whereas
the generation of outputs, characteristic of GenAI, can infringe the rights
of reproduction, of making available to the public, or of communication to
the public; whereas the TDM exception as provided for in article 4 of the
CSDSM does not cover the right of making available to the public or the right
of communication to the public; |
V. whereas
the generation of outputs, characteristic of GenAI, can in extraordinary cases
infringe the rights of reproduction, of making available to the public, or of
communication to the public; whereas the TDM exception as provided for in
article 4 of the CSDSM does not cover the right of making available to the
public or the right of communication to the public of GenAI outputs; |
Or. en
Amendment 200
Mario Mantovani
Motion for a resolution
Recital V a (new)
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Motion for a resolution |
Amendment |
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V a. whereas the generation of outputs by GenAI
trained on copyright-protected works already has a destabilising effect on
the commercial market in certain sectors by flooding it with competing
AI-generated works, often without disclosing their nature to consumers, thues
threatening the normal exploitation of works; whereas this leads some sectors
to legitimately refuse to license their works to Gen AI in order to protect
the viability of the market for huma creators; |
Or. en
Amendment 201
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital X a (new)
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Motion for a resolution |
Amendment |
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X a. whereas GenAI may also be used to aid in
the enforcement of copyright law; whereas automated copyright enforcement
tools have been abused by malicious actors to curtail fundamental rights such
as press freedom; whereas such use should therefore preclude automated
take-down of content online through GenAI without effective safeguards
ensuring full respect for fundamental rights, such as freedom of expression
and freedom of the press; whereas the use of GenAI for copyright enforcement
should be subject to human oversight; |
Or. en
Amendment 202
Ton Diepeveen
Motion for a resolution
Recital Y
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Motion for a resolution |
Amendment |
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Y. whereas inconsistent international
regulation regarding the copyright eligibility of AI-generated content poses
a risk to the global coherence of intellectual property law and may give rise
to regulatory arbitrage or undermine the competitiveness of the Union’s
creative and AI sectors; whereas international convergence and the
establishment of a global regulatory framework would provide a more effective
and coherent alternative to the current fragmentation of legal approaches; |
deleted |
Or. nl
Amendment 203
Kosma Złotowski
Motion for a resolution
Recital Y
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Motion for a resolution |
Amendment |
|
Y. whereas inconsistent international
regulation regarding the copyright eligibility of AI-generated content poses
a risk to the global coherence of intellectual property law and may give rise
to regulatory arbitrage or undermine the competitiveness of the Union’s
creative and AI sectors; whereas international convergence and the
establishment of a global regulatory framework would provide a more effective
and coherent alternative to the current fragmentation of legal approaches; |
deleted |
Or. en
Amendment 204
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital Y
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Motion for a resolution |
Amendment |
|
Y. whereas
inconsistent international regulation regarding the copyright eligibility of
AI-generated content poses a risk to the global coherence of intellectual
property law and may give rise to regulatory arbitrage or undermine the
competitiveness of the Union’s creative and AI sectors; whereas international
convergence and the establishment of a global regulatory framework would
provide a more effective and coherent alternative to the current
fragmentation of legal approaches; |
Y. whereas
inconsistent international regulation regarding the copyright eligibility of
AI-generated content poses a risk to the global coherence of intellectual
property law and may give rise to regulatory arbitrage or undermine the
competitiveness of the Union’s creative and AI sectors; whereas the
current geopolitical landscape hinders international convergence and
the establishment of a global regulatory framework; whereas EU regulation on AI
and copyright should not be impacted by external political pressure; whereas
in this context, the EU must offer a strong and united response to secure the
functioning of its internal market, to protect its workforce and
competitiveness, to strengthen is tech autonomy and set global standards in
the field of intellectual property; |
Or. en
Amendment 205
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Recital Z
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Motion for a resolution |
Amendment |
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Z. whereas, to the extent permitted by
international law, the existing principle of territoriality needs to be
adapted for the training of GenAI systems in order to ensure that training
with European content is subject to European law even if it is realised
outside the EU; |
deleted |
Or. en
Amendment 206
Jörgen Warborn
Motion for a resolution
Recital Z
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Motion for a resolution |
Amendment |
|
Z. whereas, to the extent permitted by
international law, the existing principle of territoriality needs to be
adapted for the training of GenAI systems in order to ensure that training
with European content is subject to European law even if it is realised
outside the EU; |
deleted |
Or. en
Amendment 207
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Recital Z
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Motion for a resolution |
Amendment |
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Z. whereas,
to the extent permitted by international law, the existing principle of
territoriality needs to be adapted for the training of GenAI systems in order
to ensure that training with European content is subject to European law even
if it is realised outside the EU; |
Z. whereas,
to the extent permitted by international law, the existing principle of
territoriality needs to be adapted for the training of GenAI systems in order
to ensure that training with European content is subject to European law even
if it is realised outside the EU; whereas this principle is fundamental to
ensuring remuneration for European creators and rights holders and thus the
cultural and creative vitality of the Union, but also to ensuring fair
competition between European and non-European providers of GenAI systems; |
Or. en
Amendment 208
Maravillas Abadía Jover
Motion for a resolution
Recital Z
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Motion for a resolution |
Amendment |
|
Z. whereas,
to
the extent permitted by international law, the existing principle of
territoriality needs to be adapted for the training of
GenAI systems in order to ensure that training with European content
is subject to European law even if it is realised outside
the EU; |
Z. whereas,
in
line with the EU and international law, the existing principle of
territoriality of copyright protection needs to be applied in such a way that the
copyright relevant acts involved in the training and development of Generative
AI services available in the European Union are subject to
European copyright law even if they occur outside the EU; whereas
this is essential for leveling the playing field between EU and non-EU-based
Generative AI services and appropriate protection of authors’ rights; |
Or. en
Amendment 209
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital Z
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Motion for a resolution |
Amendment |
|
Z. whereas,
to the extent permitted by international law, the existing principle of
territoriality needs to be adapted for the training of GenAI systems
in order to ensure that training with European content is subject to European
law even if it is realised outside the EU; |
Z. whereas,
to the extent permitted by international law, the existing principle that
AI systems deployed in the EU must respect European copyright law, as stated
in Recital 106 of the AI Act, applies in its entirety to the training
of GenAI systems in order to ensure that training with European content is
subject to European law even if it is realised outside the EU; stresses
that GenAI systems not meeting this standard should be barred from operation
within the EU and this principle robustly enforced; |
Or. en
Amendment 210
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Recital Z
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Motion for a resolution |
Amendment |
|
Z. whereas,
to
the extent permitted by international law, the existing principle of
territoriality needs to be adapted for the training of GenAI systems
in order to ensure that training with European content is
subject to European law even if it is realised outside the EU; |
Z. whereas,
in
line with EU and international law, the existing principle of
territoriality of copyright protection needs to be adapted for the training and
development of GenAI services available in the EU in
order to ensure that are subject to European copyright
law even if they occur outside the EU in order to ensure a level
playing field between EU and non-EU based Generative AI services, as well as
appropriate protection and fair remuneration of creators for the use of their
works; |
Or. en
Amendment 211
Ton Diepeveen
Motion for a resolution
Recital Z
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|
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Motion for a resolution |
Amendment |
|
Z. whereas,
to the extent permitted by international law, the existing principle
of territoriality needs to be adapted for the training of GenAI systems
in order to ensure that training with European content is subject to European
law even if it is realised outside the EU; |
Z. whereas
the existing principle of territoriality needs to be respected; |
Or. nl
Amendment 212
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Recital Z
|
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Motion for a resolution |
Amendment |
|
Z. whereas,
to the extent permitted by international law, the existing principle of
territoriality needs to be adapted for the training of GenAI systems
in order to ensure that training with European content is subject to European
law even if it is realised outside the EU; |
Z. whereas
AI
providers should put in place a policy to comply with the reservation of
rights expressed by rightsholders pursuant to Article 4(3) of Directive (EU)
2019/790, regardless of the jurisdiction in which the copyright-relevant acts
underpinning the training of their GenAI models take place. |
Or. en
Amendment 213
Laurence Farreng, Dainius Žalimas, Pascal Canfin, Billy
Kelleher
Motion for a resolution
Recital Z a (new)
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Motion for a resolution |
Amendment |
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|
Z a. whereas providers of AI systems may, in
addition to their commercial activities, also develop models for the purpose
of scientific research; whereas, as such, these models may benefit from the
exception provided for in Article 3 of the CDSM Directive; whereas rights
holders may not opt out of the text and data mining carried out in their catalogues
under this Article; whereas text and data mining carried out under Article 3
may not be used for the development of AI models for commercial purposes by
circumventing the possibility for rights holders to opt out; |
Or. en
Amendment 214
Tiemo Wölken, Adnan Dibrani, Christel Schaldemose
Motion for a resolution
Recital Z a (new)
|
|
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Motion for a resolution |
Amendment |
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|
Z a. whereas the rapid advancement of GenAI has
significantly increased the possibilities to create and disseminate realistic
manipulated digital image, audio or video content, including artists' works
and performances, that resembles or imitates existing persons, ‘deep fakes’,
which falsely appear to be authentic or truthful; whereas the misuse of such
content poses a risk to individual’s fundamental right to their identity,
including their own body, facial features and voice; |
Or. en
Amendment 215
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Recital Z a (new)
|
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Motion for a resolution |
Amendment |
|
|
Z a. wheras it shall be presumed that the
offering of AI systems within the Union constitutes a communcation to the
public of the training works |
Or. en
Amendment 216
Kosma Złotowski
Motion for a resolution
Paragraph 1
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Motion for a resolution |
Amendment |
|
1. Recommends
that the Commission, independently of its planned review of the
copyright framework and the CDSM Directive and without
presupposing the need for legislative revision, urgently conduct a thorough
assessment of whether the existing EU copyright acquis adequately addresses the
legal uncertainty and competitive effects associated with the
use of protected works and other subject matter for the training of
generative AI systems, as well as the dissemination of
AI-generated content that may substitute human-created
expression; |
1. Recommends
that, as part of its planned review of the copyright framework
and the CDSM Directive, the Commission conducts a thorough
assessment of the existing EU copyright acquis, without presupposing
the need for legislative revision. This assessment should
take a holistic approach, considering the needs of all stakeholders,
including researchers, universities, libraries, cultural organisations,
European AI start-ups, news outlets and the creative sector, in relation to
the use and development of AI. It should also address potential legal
uncertainty and possible competitive effects associated with using
protected works and other subject matter to train generative AI systems, and
disseminating AI-generated content that could replace
human-created expression. |
Or. en
Amendment 217
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Victor
Negrescu
Motion for a resolution
Paragraph 1
|
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|
Motion for a resolution |
Amendment |
|
1. Recommends
that the Commission, independently of its planned review of the copyright
framework and the CDSM Directive and without presupposing the need for
legislative revision, urgently conduct a thorough assessment of whether the
existing EU copyright acquis adequately addresses the legal uncertainty and
competitive effects associated with the use of protected works and other
subject matter for the training of generative AI systems, as well as the
dissemination of AI-generated content that may substitute human-created
expression; |
1. Recommends
that the Commission, independently of its planned review of the copyright
framework and the CDSM Directive and without presupposing the need for
legislative revision, urgently conduct a thorough assessment of whether the implementation
of the existing EU copyright acquis adequately addresses the legal
uncertainty and competitive effects associated with the use of protected
works, territoriality implications and other subject matter for
the training of generative AI systems, as well as the dissemination of
AI-generated content that may substitute human-created expression or
freely and publicly available resources such as online encyclopaedias,
libraries or archives; |
Or. en
Amendment 218
Daniel Buda
Motion for a resolution
Paragraph 1
|
|
|
|
Motion for a resolution |
Amendment |
|
1. Recommends
that the Commission, independently of its planned review of the copyright
framework and the CDSM Directive and without presupposing the need for
legislative revision, urgently conduct a thorough assessment of whether the
existing EU copyright acquis adequately addresses the legal uncertainty and
competitive effects associated with the use of protected works and other
subject matter for the training of generative AI systems, as well as the
dissemination of AI-generated content that may substitute human-created
expression; |
1. Recommends
that the Commission, independently of its planned review of the copyright
framework and the CDSM Directive and without presupposing the need for
legislative revision, urgently conduct a thorough analysis and assessment
of whether the existing EU copyright acquis adequately and comprehensively
addresses the legal uncertainty and competitive effects, and impact on fair
competition conditions EU-wide, associated with the use of protected
works and other subject matter for the training of generative AI systems, as
well as the dissemination of AI-generated content that may substitute
human-created expression; |
Or. ro
Amendment 219
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 1
|
|
|
|
Motion for a resolution |
Amendment |
|
1. Recommends
that the Commission, independently of its planned review of the copyright
framework and the CDSM Directive and without presupposing the need for
legislative revision, urgently conduct a thorough assessment of whether the
existing EU copyright acquis adequately addresses the legal uncertainty and
competitive effects associated with the use of protected works and other
subject matter for the training of generative AI systems, as well as the
dissemination of AI-generated content that may substitute human-created
expression; |
1. Recommends
that the Commission, independently of its planned review of the copyright
framework and the CDSM Directive and without presupposing the need for
legislative revision, urgently conduct a thorough assessment of whether the
existing EU copyright acquis adequately addresses the legal uncertainty and
competitive effects associated with the use of protected works and other
subject matter for the training of generative AI systems, the
sustainability of other publicly available ressources as well as the
dissemination of AI-generated content that may substitute human-created
expression; |
Or. en
Amendment 220
Jörgen Warborn
Motion for a resolution
Paragraph 1
|
|
|
|
Motion for a resolution |
Amendment |
|
1. Recommends
that the Commission, independently of its planned
review of the copyright framework and the CDSM Directive and without
presupposing the need for legislative revision, urgently conduct a thorough
assessment of whether the existing EU copyright acquis adequately addresses
the legal uncertainty and competitive effects associated with the use of
protected works and other subject matter for the training of generative AI
systems, as well as the dissemination of AI-generated content that may
substitute human-created expression; |
1. Recommends
that the Commission, in light of its planned review of
the copyright framework and the CDSM Directive and without presupposing the
need for legislative revision, urgently conduct a thorough assessment of
whether the existing EU copyright acquis adequately addresses the legal
uncertainty and competitive effects associated with the use of protected
works and other subject matter for the training of generative AI systems, as
well as the dissemination of AI-generated content that may substitute
human-created expression; |
Or. en
Amendment 221
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 1 a (new)
|
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Motion for a resolution |
Amendment |
|
|
1 a. Calls on the Commission to conduct an
in-depth study of the artificial intelligence value chain ecosystem in order
to assess the appropriateness and modalities of introducing a duty of care
applicable to platforms hosting databases. This duty of care should include,
in particular: |
|
|
a)
obligations to know your uploaders (KYU); |
|
|
b) mechanisms
to ensure traceability; |
|
|
c)
systematic verification of the origin of data posted online; |
|
|
d) the
obligation to remove or block access to databases containing content
protected by copyright or related rights when posted online without
authorization. |
Or. en
Amendment 222
Mario Mantovani
Motion for a resolution
Paragraph 1 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
1 a. This assessment should include a holistic
approach which considers the needs of all actors, including researchers,
universities, libraries, cultural organizations, European AI Start-ups and
news outlets when using and developing AI. |
Or. en
Amendment 223
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 2
|
|
|
|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic and creative production to thrive in the context of
AI-driven global transformation; |
2. Further
recommends that such assessment aims to uphold a framework in which transparency
is ensured on the use of copyright-protected work or other protected subject
matter for TDM purposes, and fair remuneration mechanisms for
such use enable the generation of the resources needed for European
artistic and creative production, as well as the public information
ecosystem to thrive in the context of AI-driven global transformation,
while also supporting the sustainable growth of the EU AI sector; notes
that the Code of practice is a temporary tool for demonstrating compliance
with the AI Act until harmonised standards are developed, as underlined in
the guidelines published by the AI Office on 18 July 2025; invites the AI
Office to further facilitate the work towards EU highest standards for
efficient compliance with the requirements at stake; |
Or. en
Amendment 224
Kosma Złotowski
Motion for a resolution
Paragraph 2
|
|
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|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in
which fair remuneration mechanisms enable the generation
of the
resources needed for European artistic and creative production to
thrive in the context of AI-driven global transformation; |
2. Further
recommends that such assessment aims to uphold a framework where
licensing and enforcement of copyright holders' rights to obtain adequate
remuneration enable the generation of resources necessary for the development
of European artistic and creative production in the context of global
transformation driven by artificial intelligence, without prejudice to the
rightsholders’ position to decide whether and in what form to license their
content for the uses related to generative AI; |
Or. en
Amendment 225
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 2
|
|
|
|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic and creative production to thrive in the context of
AI-driven global transformation; |
2. Further
recommends that such assessment aims to uphold a framework in which fair and
proportionate remuneration mechanisms enable the generation of the
resources needed for European artistic and creative production to thrive in
the context of AI-driven global transformation; stresses the urgency of
ensuring these conditions in order to avoid the growing risk of human
creativity gradually disappearing in favour of content generated by AI
systems; |
Or. en
Amendment 226
Mario Mantovani
Motion for a resolution
Paragraph 2
|
|
|
|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic and creative production to thrive in the context of
AI-driven global transformation; |
2. Further
recommends that such assessment aims to propose a framework in which informed
choice of whether or not to authorise the use of copyright protected works
and fair remuneration mechanisms enable the generation of the
resources needed for European artistic and creative production,
media and press content to thrive in the context of AI-driven global
transformation; |
Or. en
Amendment 227
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 2
|
|
|
|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic and creative production to thrive in the context of
AI-driven global transformation; |
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic and creative production, and European media to thrive in
the context of AI-driven global transformation, and for the sustainability of
the public information ecosystem; |
Or. en
Amendment 228
Victor Negrescu
Motion for a resolution
Paragraph 2
|
|
|
|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic and creative production to thrive in the context of
AI-driven global transformation; |
2. Further
recommends that such assessment aims to uphold a framework in which fair
remuneration mechanisms enable the generation of the resources needed for
European artistic, journalistic, and creative production to thrive in the
context of AI-driven global transformation; |
Or. en
Amendment 229
Jörgen Warborn
Motion for a resolution
Paragraph 2
|
|
|
|
Motion for a resolution |
Amendment |
|
2. Further
recommends that such assessment aims to uphold a framework in
which fair remuneration mechanisms enable the generation of the
resources needed for European artistic and creative production to thrive in
the context of AI-driven global transformation; |
2. Further
recommends that such assessment aims to uphold a framework to
enable the generation of the resources needed for European artistic and
creative production to thrive in the context of AI-driven global
transformation; |
Or. en
Amendment 230
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 2 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
2 a. Calls for the proper implementation of the
Code of Practice and its monitoring to ensure that European rules on
copyright and related rights apply uniformly to all AI providers deploying
products or offering services within the European Union, regardless of their
place of establishment or of where the use of protected content occurred
prior to such deployment or offer; |
Or. en
Amendment 231
Mario Furore
Motion for a resolution
Paragraph 2 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
2 a. Calls on the Commission to create a
High-Level Group on AI training and copyright, bringing together experts and
representatives of AI developers and the cultural and creative sectors, with
a mandate to foster dialogue, exchange good practices and propose
recommendations for a licensing system that balances copyright protection
with access to quality data; |
Or. en
Amendment 232
Kosma Złotowski
Motion for a resolution
Paragraph 2 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
2 a. Further encourages that the assessment
considers the special needs of researchers and innovators, as well as the
critical role of the text and data mining (TDM) exception in supporting their
work and advancing Europe’s competitiveness and future discoveries. |
Or. en
Amendment 233
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 3
|
|
|
|
Motion for a resolution |
Amendment |
|
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other
protected subject matter on which the models were trained or that was scraped,
including in real time, by such models; is alarmed that
these practices may result in the provision of products and services that
directly compete with those of the rights holders; |
3. Notes
the use of generative AI systems that rely on protected content without authorisation
from, or compensation to, the rights holders affected by such use,
particularly when integrated into search engines or other digital services
that enable the generation, often in real time and at marginal cost, of
content that infringes upon original works and other protected subject
matter on which the models were trained or that was scraped in real time by
such models; is alarmed that these practices may result in the provision of
products and services that directly and unfairly compete with those of
the rights holders, including through illegal self-preferencing of gatekeepers, and
therefore calls for the establishment of a coherent licensing framework to
enable the fair remuneration of creators for the exploitation of their
copyright-protected content by Generative AI; |
Or. en
Amendment 234
Ton Diepeveen
Motion for a resolution
Paragraph 3
|
|
|
|
Motion for a resolution |
Amendment |
|
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other
protected subject matter on which the models were trained or that was
scraped, including in real time, by such models; is alarmed that these
practices may result in the provision of products and services that
directly compete with those of the rights holders; |
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other
protected subject matter on which the models were trained or that was
scraped, including in real time, by such models; is alarmed that these
practices result in the provision of products and services that directly
compete with those of the rights holders, causing financial harm to the latter; |
Or. nl
Amendment 235
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3
|
|
|
|
Motion for a resolution |
Amendment |
|
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other protected
subject matter on which the models were trained or that was scraped,
including in real time, by such models; is alarmed that these practices may
result in the provision of products and services that directly compete with
those of the rights holders; |
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other
protected subject matter on which the models were trained or that was
scraped, including in real time, by such models; is alarmed that these
practices may result in the provision of products and services that directly
compete with those of the rights holders and may also benefit from self-preference; |
Or. en
Amendment 236
Kosma Złotowski
Motion for a resolution
Paragraph 3
|
|
|
|
Motion for a resolution |
Amendment |
|
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other
protected subject matter on which the models were trained or that was
scraped, including in real time, by such models; is alarmed that these
practices may result in the provision of products and services that directly
compete with those of the rights holders; |
3. Notes
the use of generative AI systems that rely on protected content without legal
basis, authorisation from, or compensation to, the rights holders
affected by such use, particularly when integrated into search engines or other
digital services that enable the generation, often in real time and at
marginal cost, of content that imitates or directly draws upon original works
and other protected subject matter on which the models were trained or that
was scraped, including in real time, by such models; is alarmed that these
practices may result in the provision of products and services that directly
compete with those of the rights holders; |
Or. en
Amendment 237
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 3
|
|
|
|
Motion for a resolution |
Amendment |
|
3. Notes
the use of generative AI systems that rely on protected content without
authorisation from, or compensation to, the rights holders affected by such
use, particularly when integrated into search engines or other digital
services that enable the generation, often in real time and at marginal cost,
of content that imitates or directly draws upon original works and other
protected subject matter on which the models were trained or that was
scraped, including in real time, by such models; is alarmed that these
practices may result in the provision of products and services that directly
compete with those of the rights holders; |
3. Notes
the use of generative AI systems that rely massively on protected
content without authorisation from, or compensation to, the rights holders
affected by such use, particularly when integrated into search engines or
other digital services that enable the generation, often in real time and at
marginal cost, of content that imitates or directly draws upon original works
and other protected subject matter on which the models were trained or that
was scraped, including in real time, by such models; is alarmed that these
practices may result in the provision of products and services that directly
compete with those of the rights holders; |
Or. en
Amendment 238
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 a. Calls on the Commission to take immediate
action to establish a High-Level Group on AI training and copyright made of
experts and representatives of AI developers and cultural and creative
sectors, including Collective Management Organisations (CMOs), with a
six-months mandate to facilitate a mutual understanding of the respective
challenges of both sides, develop good practices and deliver recommendations
to develop a licensing market and remuneration schemes reconciling respect
for copyright and related rights with access to quality data; encourages the
Commission in such concertation exercise to initiate an evaluation of
Directive 2014/26/EU on collective management of copyright and related rights
and multi-territorial licensing to further adapt multi-territorial licensing
to new challenges across sectors, but also to increase transparency and
accountability rules applying to CMOs in order to ensure a trustworthy
context of licensing negotiations; |
Or. en
Amendment 239
Mario Mantovani
Motion for a resolution
Paragraph 3 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 a. Recalls that voluntary licensing, whether
direct or collective, is the cornerstone of the creative sectors' success,
enabling the necessary sectorial and individual flexibility to adopt the
model best suited to a particular use. Recalls that rightsholders are also
free to refuse to license their works to Gen AI, considering that in some
cases such works would feed competing services provided by AI operators.
Stresses that such freedome must remain the rule, including for Gen AI
licensing, in order to enable each sector to find the best model and to
protect the market from negative side-effects that would threaten the
viability of the sectors. |
Or. en
Amendment 240
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 3 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 a. Urges the Commission to take urgent action
to establish a dynamic and fair licensing market, ensuring full transparency
of AI providers and deployers and encouraging, European rights holders and
the organisations representing them to voluntarily, with clear incentives,
grant licences for the training of GenAI systems, in exchange for fair and
proportionate remuneration and the guarantee that their right of refusal will
be respected; emphasises that this process must include a dialogue in good
faith between AI model providers and rights holders or their representatives,
with the political support of the European Commission; |
Or. en
Amendment 241
Victor Negrescu
Motion for a resolution
Paragraph 3 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 a. Calls on the commission to explore
mechanisms for fair retroactive remuneration for right-holders whose works
had been used for AI-driven search results or training purposes prior to the
introduction of clear consent and compensation frameworks, particularly where
such use continues to generate ongoing revenues; |
Or. en
Amendment 242
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Paragraph 3 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 a. Asks the Commission to develop concrete
proposals to ensure continuous remuneration of human creators, where such AI
generated content is used in the market to substitute and compete with the
original works of creators |
Or. en
Amendment 243
Victor Negrescu
Motion for a resolution
Paragraph 3 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 b. Recommends that, given that smaller,
local, regional, and independent rights holders may lack the bargaining power
to negotiate licensing agreement terms with AI companies on an equal footing
with larger publications, appropriate safeguards should be introduced to
ensure their protection, including scrutiny of contractual practices, fair
remuneration, and the preservation of diversity of sources in real-time
search and indexing services; |
Or. en
Amendment 244
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 b. Calls on the Commission, based on the
findings of the High-Level Group on AI training and Copyright, to explore the
possibility to impose a remuneration obligation on providers of
general-purpose AI models and systems in respect of the novel use of content
protected by copyright or related rights, with such obligation applying until
the reforms envisaged in this report are enacted; |
Or. en
Amendment 245
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Paragraph 3 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 b. Considers that Generative AI proposes
services that involve several copyright relevant acts not covered by the TDM
exception which are subject to exclusive right of creators and other
rightholders and require prior consent and/or licensing from creators and
rightholders to ensure their appropriate remuneration; |
Or. en
Amendment 246
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3 c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 c. Calls on the Commission, as an immediate
solution and in support of the work of the work of the High-Level Group on AI
training and Copyright, to support the development of a licensing market by
encouraging providers of artificial intelligence models to seek licenses from
rights holders, and stresses that effective and comprehensive transparency
regarding copyright-protected works and content used to train AI models is an
essential prerequisite for the development of such a market; |
Or. en
Amendment 247
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3 d (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 d. Recalls that voluntary licensing, whether
individual or collective, is the cornerstone of the success of the creative
sectors, allowing for the sectoral and individual flexibility necessary to
adopt the model best suited to a particular use; |
Or. en
Amendment 248
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3 e (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 e. Emphasizes that rights holders remain free
to refuse to grant a license for the use of their works by generative
artificial intelligence systems, particularly in cases where such works could
feed into competing services offered by AI operators; |
Or. en
Amendment 249
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 3 f (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
3 f. Highlights that rightsholders must be
entitled to decide the amount of remuneration, including in relation to
licenses for generative AI, in order to enable each sector to define the most
appropriate model and to protect the market from negative effects that could
threaten the viability of the creative sectors and the European press; |
Or. en
Amendment 250
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls on the Commission to immediately
impose a remuneration obligation on providers of general-purpose AI models
and systems in respect of the novel use of content protected by copyright or
related rights, with such obligation applying until the reforms envisaged in
this report are enacted; |
deleted |
Or. en
Amendment 251
Jörgen Warborn
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls on the Commission to immediately
impose a remuneration obligation on providers of general-purpose AI models
and systems in respect of the novel use of content protected by copyright or
related rights, with such obligation applying until the reforms envisaged in
this report are enacted; |
deleted |
Or. en
Amendment 252
Ton Diepeveen
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration
obligation on providers of general-purpose AI models and systems in respect
of the novel use of content protected by copyright or related rights, with
such obligation applying until the reforms envisaged in this report are
enacted; |
4. Calls
on the Commission to impose, within a reasonable period of time, but
in 3 months at the latest, a remuneration obligation on
providers of general-purpose AI models and systems in respect of the novel
use of content protected by copyright or related rights, with such obligation
applying until the reforms envisaged in this report are enacted,
and considers that it is neither feasible nor desirable to impose the
remuneration obligation retroactively; |
Or. nl
Amendment 253
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration obligation on providers
of general-purpose AI models and systems in respect of the novel
use of content protected by copyright or related rights, with such obligation applying
until the reforms envisaged in this report are enacted; |
4. Calls
on the Commission to immediately impose on providers of general-purpose AI
models and systems an obligation to cooperate in order to
comply with transparency obligations and to require consent and remuneration
of creators and rightholders in respect of the use of content
protected by copyright or related rights though the establishment of a functioning
licensing market, including a voluntary, sector-specific collective licensing
agreements; |
Or. en
Amendment 254
Mario Mantovani
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration obligation on
providers of general-purpose AI models and systems in respect of the novel
use of content protected by copyright or related rights, with such obligation
applying until the reforms envisaged in this report are enacted; |
4. Calls
on the Commission, in accordance with rightsholder estimation and without prejudice to
their right to refuse to license their works, to immediately impose a
remuneration obligation on providers of general-purpose AI models and systems
in respect of the novel use of content protected by copyright or related
rights, with such obligation applying until the reforms envisaged in this
report are enacted; |
Or. en
Amendment 255
Maravillas Abadía Jover
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration
obligation on providers of general-purpose AI models and systems in respect
of the novel use of content protected by copyright or related rights,
with such obligation applying until the reforms envisaged in this report are
enacted; |
4. Calls
on the Commission to ensure rightsholders license their
protected content, and to strengthen enforcement and transparency obligations
for AI developers using such content; |
Or. en
Amendment 256
Laurence Farreng, Dainius Žalimas, Pascal Canfin
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration obligation on
providers of general-purpose AI models and systems in respect of the novel
use of content protected by copyright or related rights, with such obligation applying
until the reforms envisaged in this report are enacted; |
4. Calls
simultaneously
on the Commission to immediately impose a remuneration obligation on providers
of general-purpose AI models and systems in order to compensate
retroactively the novel use of content protected by copyright or
related rights carried out on the works and content of rights holders without their
consent and in the absence of a licence; |
Or. en
Amendment 257
Kosma Złotowski
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration
obligation on providers of general-purpose AI models and systems in respect
of the novel use of content protected by copyright or related rights,
with such obligation applying until the reforms envisaged in this report are
enacted; |
4. Calls
on the Commission to ensure rightsholders’ freedom to license
their protected content is respected, and to strengthen
enforcement and transparency obligations for AI developers using such content; |
Or. en
Amendment 258
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration obligation on providers
of general-purpose AI models and systems in respect of the novel use of
content protected by copyright or related rights, with such obligation
applying until the reforms envisaged in this report are enacted; |
4. Calls
on the Commission to immediately impose a complementary
remuneration obligation on providers of general-purpose AI models and systems
in respect of the novel use of content protected by copyright or related
rights, with such obligation applying until the reforms envisaged in this
report are enacted; |
Or. en
Amendment 259
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 4
|
|
|
|
Motion for a resolution |
Amendment |
|
4. Calls
on the Commission to immediately impose a remuneration
obligation on providers of general-purpose AI models and systems in respect
of the novel use of content protected by copyright or related rights, with
such obligation applying until the reforms envisaged in this report are
enacted; |
4. Calls
on the Commission to impose a remuneration obligation on providers of
general-purpose AI models and systems in respect of the novel use of content
protected by copyright or related rights, with such obligation applying until
the reforms envisaged in this report are enacted; |
Or. en
Amendment 260
Kosma Złotowski
Motion for a resolution
Paragraph 4 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 a. Stresses, that Small and Medium-sized
Enterprises are the backbone of the European economy and form the majority of
the technology sector in Europe, providing high quality jobs and bringing
high added value. Providing a positive legal environment in which they can
thrive is crucial to maintaining Europe’s competitiveness in the global
economy and prosperity of our citizens. All measures taken by the Union must
therefore foremost safeguard the viability of European AI developers and
providers, and have in mind the long term development of the European tech
sector, as a key enabler of our successful future. |
Or. en
Amendment 261
Victor Negrescu
Motion for a resolution
Paragraph 4 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 a. Calls on the Commission to ensure specific
protection for educational content, including works created by teachers,
researchers, and other educational content creators, so that their materials
cannot be exploited by generative AI systems without their knowledge and fair
remuneration; stresses that revenues generated by platforms from the use of
such educational content must be shared in a fair, proportionate, and
non-discriminatory manner with the original creators, in order to safeguard
both their intellectual property rights and the quality and sustainability of
education in the Union; |
Or. en
Amendment 262
Mario Mantovani
Motion for a resolution
Paragraph 4 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 a. Calls on the Commission to support the
growth of a licensing market by encouraging providers of AI models to seek
license from rightsholders and acknowledges that effective and full
transparency regarding the copyrighted works and content used train AI model
is a pre-requisite for such a market to develop. Calls on the European
Commission to identify the new forms of abuse of dominantposition by AI
providers on the market and to prevent the emergence of a new "value
gap" between AI providers and the creative industries. |
Or. en
Amendment 263
Maravillas Abadía Jover
Motion for a resolution
Paragraph 4 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 a. Notes that the operation of Gen AI
services involves several copyright relevant acts that require prior
licensing from creators and rightholders; considers, in this respect, that
collective management would provide the most efficient and viable structure
to ensure appropriate and proportionate remuneration of creators, while
ensuring broad access to culturally diverse high-quality content for smooth
operation of Generative AI services with legal certainty. |
Or. en
Amendment 264
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 4 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 a. Opposes, in this regard, any proposal for
a framework based on AI providers obtaining a global licence for training
their GenAI models in exchange for a flat-rate payment; considers that the
value of content protected by copyright or related rights must be
proportionate and determined on a case-by-case basis, through negotiations in
good faith between rights holders or their representatives and AI providers; |
Or. en
Amendment 265
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 4 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 a. Further invites the Commission to identify
potential new forms of abuse of dominant position by AI providers in the
market and to take the necessary measures to prevent the emergence of abuse
of dominant position. |
Or. en
Amendment 266
Kosma Złotowski
Motion for a resolution
Paragraph 4 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 b. Calls on the Commission to introduce
meaningful preferences and exceptions for European SMEs in any future
legislative proposals, ensuring they are not overly burdened by financial and
administrative obligations that will endanger their economic position,
especially in relation to competitors in other jurisdictions. |
Or. en
Amendment 267
Kosma Złotowski
Motion for a resolution
Paragraph 4 c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
4 c. Acknowledges different licensing and
remuneration practices in the context of generative AI; |
Or. en
Amendment 268
Ton Diepeveen
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages the Commission to coordinate
efforts on raising awareness on copyright among AI developers, which may
include compliance checklists, legal and technological toolkits, and
technical guides; |
deleted |
Or. nl
Amendment 269
Mario Mantovani
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; Calls the European Commission
or EUIPO to create an indicative list of existing technological opt-out
protocols across the various creative sectors in order to improve awareness
and diligent search on the part of GenAI providers. |
Or. en
Amendment 270
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
5. Welcomes
the establishment of the EUIPO Copyright Knowledge Centre and
encourages the Commission and the EUIPO to coordinate
efforts on raising awareness on copyright among AI developers, which may
include compliance checklists, legal and technological toolkits, and
technical guides as well as to create awareness among copyright holders, providing
useful and reliable information on copyright; |
Or. en
Amendment 271
Mario Mantovani
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
5. Encourages
the Commission to coordinate efforts and funding to support the development of
an EU standard for the opt-out and on raising awareness on copyright
among AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
Or. en
Amendment 272
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright,
particularly on the issue of the right to opt out, among AI
developers, which may include compliance checklists, legal and technological
toolkits, and technical guides; |
Or. en
Amendment 273
Maravillas Abadía Jover
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
5. Encourages
the Commission and the EUIPO to coordinate efforts on raising awareness on
copyright among AI developers, which may include compliance checklists, legal
and technological toolkits, and technical guides; |
Or. en
Amendment 274
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 5
|
|
|
|
Motion for a resolution |
Amendment |
|
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers, which may include compliance checklists, legal and
technological toolkits, and technical guides; |
5. Encourages
the Commission to coordinate efforts on raising awareness on copyright among
AI developers and providers, which may include compliance checklists, legal
and technological toolkits, and technical guides; |
Or. en
Amendment 275
Victor Negrescu
Motion for a resolution
Paragraph 5 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
5 a. Calls on the Commission to ensure that any
legal framework governing the use of copyright-protected works and other
protected subject matter for the training of generative AI systems includes
clear obligations for proactive communication with rights holders whose works
are used; stresses the importance of providing these rights holders with
accessible, timely, and comprehensible information on such use, accompanied
by targeted education and awareness initiatives at both Union and national
level, in order to enhance understanding of their rights, available opt-out mechanisms,
and potential licensing opportunities; |
Or. en
Amendment 276
Maravillas Abadía Jover
Motion for a resolution
Paragraph 5 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
5 a. Supports the establishment of an EUIPO
Copyright Knowledge Centre, as it will play a vital role in guiding the use
of copyright in the age of GenAI by raising awareness, promoting legal
clarity, and fostering a balanced framework that supports creativity,
innovation, cultural preservation, and European competitiveness. |
Or. en
Amendment 277
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 5 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
5 a. Supports the establishment of a structured
dialogue at EU level between AI providers and rights holders to promote
mutual understanding of the respective challenges facing these two
ecosystems, and to highlight common interests, and identify best practices. |
Or. en
Amendment 278
Victor Negrescu
Motion for a resolution
Paragraph 5 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
5 b. Calls on the Commission to require online
platforms and search engines to apply clear labeling of all AI-generated
content, ensuring the system is simple and not burdensome for creators, while
promoting transparency, protecting personal data, and safeguarding the rights
of creators against misuse of their works, voices, or likenesses; |
Or. en
Amendment 279
Ton Diepeveen
Motion for a resolution
Paragraph 6
|
|
|
|
Motion for a resolution |
Amendment |
|
6. Supports
the clarification of the TDM exception under Article 4 CDSM as regards the
main flaws and ambiguities detected thus far in its application, especially
as concerns the establishment of a clear machine-readable standard for the
opt-out and the concept of ‘lawful access’; |
6. Supports
the clarification of the TDM exception under Article 4 CDSM as regards the
main flaws and ambiguities detected thus far in its application, especially
as concerns the establishment of a clear machine-readable standard for the
opt-out and the concept of ‘lawful access’, and, in line with the
clarification of Article 4 of the Copyright Directive, advocates the
introduction of an opt-in regime; |
Or. nl
Amendment 280
Kosma Złotowski
Motion for a resolution
Paragraph 6
|
|
|
|
Motion for a resolution |
Amendment |
|
6. Supports
the clarification of the TDM exception under Article 4 CDSM as
regards the main flaws and ambiguities detected thus far in its application,
especially as concerns the establishment of a clear machine-readable standard
for the opt-out and the concept of ‘lawful access’; |
6. Notes
the ambiguities detected thus far in the application of the TDM exception
under Article 4 CDSM through the development of agreed
standards or guidelines for implementing opt-outs that are not overly
burdensome to implement for researchers and innovators, especially as
concerns the establishment of a clear machine-readable standard for the
opt-out, and the concept of ‘lawful access’, |
Or. en
Amendment 281
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 6
|
|
|
|
Motion for a resolution |
Amendment |
|
6. Supports
the clarification of the TDM exception under Article 4 CDSM as
regards the main flaws and ambiguities detected thus far in its application,
especially as concerns the establishment of a clear machine-readable standard
for the opt-out and the concept of ‘lawful access’; |
6. Recommends
a clarification of the TDM exception under Article 4 CDSM as regards
the main flaws, inadequate implementation and ambiguities detected thus far
in its application, especially as concerns the establishment of a clear
machine-readable standard for the opt-out and the concept of ‘lawful access’; |
Or. en
Amendment 282
Mario Mantovani
Motion for a resolution
Paragraph 6 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
6 a. Condemns the ongoing use of protected
works by Gen AI services without transparency , consent and remuneration;
acknowledges that authors' rights are protected as a fundamental right under
the Charter, and appropriate and proportionate remuneration of authors should
be ensured whenever their works are used, including by GenAI services. |
Or. en
Amendment 283
Ton Diepeveen
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes that a legal framework for GenAI
should be established either through the introduction of a dedicated
exception to the exclusive rights to reproduction and extraction, distinct
from that provided for TDM under Article 4 of the CDSM Directive, or by
expanding the scope of that provision to explicitly encompass the training of
GenAI, which is currently not covered; stresses that rights holders
shall have the right to opt out through a standardised, machine-readable
mechanism; |
deleted |
Or. nl
Amendment 284
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes that a legal framework for GenAI
should be established either through the introduction of a dedicated exception
to the exclusive rights to reproduction and extraction, distinct from that
provided for TDM under Article 4 of the CDSM Directive, or by expanding the
scope of that provision to explicitly encompass the training of GenAI, which
is currently not covered; stresses that rights holders shall have the right
to opt out through a standardised, machine-readable mechanism; |
deleted |
Or. en
Amendment 285
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes that a legal framework for GenAI
should be established either through the introduction of a dedicated
exception to the exclusive rights to reproduction and extraction, distinct
from that provided for TDM under Article 4 of the CDSM Directive, or by
expanding the scope of that provision to explicitly encompass the training of
GenAI, which is currently not covered; stresses that rights holders shall
have the right to opt out through a standardised, machine-readable mechanism; |
deleted |
Or. en
Amendment 286
Leire
Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established
either through the introduction of a dedicated exception to the exclusive rights to
reproduction and extraction, distinct from that provided for TDM under
Article 4 of the CDSM Directive, or by expanding the scope of that provision
to explicitly encompass the training of GenAI, which is currently not covered;
stresses that rights holders shall have the right to opt out through a
standardised, machine-readable mechanism; |
7. Believes
that only through effective cooperation of Generative AI providers with
creators and other rightholders, a functioning licensing market and fully
satisfactory opt-out regime can be achieved. Expects that any legal
framework to be proposed by the Commission would aim to stopping the ongoing
infringements of copyright law and effectively persuading Generative AI
services to either to obtain licences for usage, including
through voluntary, sector-specific collective licensing agreements, or where
such licences are not concluded to effective removal of protected works of
their services; Stresses that right holders shall have the right
to opt-out,
mainly as a tool to exercise authors' rights through licences, including
through a standardised, machine-readable mechanism; |
Or. en
Amendment 287
Kosma Złotowski
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established either
through the introduction of a dedicated exception to the exclusive rights to
reproduction and extraction, distinct from that provided for TDM under
Article 4 of the CDSM Directive, or by expanding the scope of that provision
to explicitly encompass the training of GenAI, which is currently not covered;
stresses that rights holders shall have the right to opt out
through a standardised, machine-readable mechanism; |
7. Calls
for an effective and meaningful implementation of the existing copyright
framework; stresses that rights holders have the right to opt out through,
machine-readable mechanisms; |
Or. en
Amendment 288
Jörgen Warborn
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established either
through the introduction of a dedicated exception to the exclusive rights to
reproduction and extraction, distinct from that provided for TDM under
Article 4 of the CDSM Directive, or by expanding the scope of that provision
to explicitly encompass the training of GenAI, which is currently not covered;
stresses that rights holders shall have the right to opt out through a
standardised, machine-readable mechanism; |
7. Believes
that a proper and well-coordinated implementation of the already existing
copyright framework, alongside the AI Act is necessary;
stresses that rights holders shall have the right to opt out through a
standardised, machine-readable mechanism; |
Or. en
Amendment 289
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Lara
Wolters, Victor Negrescu
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established either through the
introduction of a dedicated exception to the exclusive rights to reproduction
and extraction, distinct from that provided for TDM under Article 4
of the CDSM Directive, or by expanding the scope of that
provision to explicitly encompass the training of GenAI, which
is currently not covered; stresses that rights holders shall have the
right to opt out through a standardised, machine-readable mechanism; |
7. Believes
that Article 4 of the CDSM Directive encompasses the training of GenAI,
but
calls for clarification to enable its effective implementation;
stresses that rights holders shall have the right to opt out through a
standardised, machine-readable mechanism; |
Or. en
Amendment 290
Victor Negrescu
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established either through the introduction
of a dedicated exception to the exclusive rights to reproduction and
extraction, distinct from that provided for TDM under Article 4 of the CDSM
Directive, or by expanding the scope of that provision to explicitly
encompass the training of GenAI, which is currently not covered; stresses
that rights holders shall have the right to opt out through a standardised,
machine-readable mechanism; |
7. Believes
that a legal framework for GenAI should be established either through the
introduction of a dedicated exception to the exclusive rights to reproduction
and extraction, distinct from that provided for TDM under Article 4 of the
CDSM Directive, or by expanding the scope of that provision to explicitly
encompass the training of GenAI, which is currently not covered; stresses
that rights holders shall have the right to opt out through a standardised,
machine-readable mechanism; such a mechanism should be easy to use
even for non-specialists, and supported by awareness campaigns at EU and
national level; |
Or. en
Amendment 291
Mario Mantovani
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established either through the
introduction of a dedicated exception to the exclusive rights to
reproduction and extraction, distinct from that provided for TDM
under Article 4 of the CDSM Directive, or by expanding the scope of that
provision to explicitly encompass the training of GenAI, which is currently
not covered; stresses that rights holders shall have the right to
opt out through a standardised, machine-readable mechanism; |
7. Believes
that pending judicial decisions of CJEU, the acts performed to engage in
GenAI should be deemed to fall outside the scope of TDM exception under
Article 4 of the CDSM Directive and remain fully subject to the exclusive
rights of rightsholders, since such an exception would contravene the
Three-Step Test enshrined in Article 5(5) of the InfoSoc Directive and in the
Berne Convention. |
Or. en
Amendment 292
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Paragraph 7
|
|
|
|
Motion for a resolution |
Amendment |
|
7. Believes
that a legal framework for GenAI should be established either through the
introduction of a dedicated exception to the exclusive rights to reproduction
and extraction, distinct from that provided for TDM under Article 4 of the
CDSM Directive, or by expanding the scope of that provision to explicitly
encompass the training of GenAI, which is currently not covered; stresses
that rights holders shall have the right to opt out through a standardised,
machine-readable mechanism; |
7. Believes
that a legal framework for GenAI should be established via a regulation either
through the introduction of a dedicated exception to the exclusive rights to
reproduction and extraction, distinct from that provided for TDM under
Article 4 of the CDSM Directive, or by expanding the scope of that provision
to explicitly encompass the training of GenAI, which is currently not
covered; stresses that rights holders shall have the right to opt out through
a standardised, machine-readable mechanism; |
Or. en
Amendment 293
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Paragraph 7 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
7 a. Equally believes that a new framework is
necessary to ensure that rightsholders from the press and media sector have
full control over the use of their content, for purposes beyond training and
related to the continuous learning of AI, including inferencing and
retrieval-augmented generation by systems and applications as well as for
purposes conducive to the production of AI-generated, competing offerings in
the primary markets of rights holders; believes that the use of protected
content for such purposes can take place only with the expressed consent of
the rights holders concerned and after obtaining from them the necessary
licences based on an unconditional, non-waivable right to remuneration;
believes that this right may also be managed under a voluntary collective
licensing, whereby a presumption of collective rights management on behalf of
rights holders with respect to AI related uses of their content could be
envisaged, without prejudice to the right of rights holders to opt for
individual licensing; |
Or. en
Amendment 294
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 7 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
7 a. Considers that no legal framework governing
the training of GenAI on works and other objects protected by copyright and
related rights should be put in place without establishing full transparency
regarding the use of such data and restoring the absolute right of creators
to exercise their right to opt out, thereby restoring their full bargaining
power with a view to obtaining appropriate and proportionate remuneration;
stresses that the establishment of an effective and fair licensing market
should be given priority over the creation of a new exception to copyright; |
Or. en
Amendment 295
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 7 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
7 a. Stresses that an exclusive and inalienable
right specific to AI-related uses should be introduced, covering any
exploitation of protected works and objects for the purposes of training,
inference, retrieval-augmented generation, fine-tuning, or other similar
uses; Insists that this right must be technologically neutral and adaptable
to the evolution of AI technologies, and ensure that any use is subject to
prior authorization by the rights holder, without the latter's refusal in any
way resulting in a loss of visibility or access to their content; |
Or. en
Amendment 296
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Paragraph 7 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
7 b. Believes that Artikel 4 of the CDSM
Directive is not applicable to the new kind of usage. |
|
|
For this
new kind of usage, the content must be licensed through a voluntary licensing
scheme. |
|
|
Furthermore,
consultation of the registry is required to determine which content should be
licensed and which content is prohibited from use. Licenses can be acquired
directly by machine via the registry if the rightholder proposes this option. |
|
|
Additionally,
and apart from from the registry an opt-out mechanism, to be established and
defined by the Commission, must be duly respected and implemented. |
Or. en
Amendment 297
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 7 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
7 b. Supports the prohibition of any
contractual waiver of remuneration rights of the authors for the use of their
works in the context of artificial intelligence, in order to prevent buy-out
or blanket transfer of rights practices and guarantee authors a fair share of
the revenue generated by the exploitation of their works by AI; |
Or. en
Amendment 298
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 8
|
|
|
|
Motion for a resolution |
Amendment |
|
8. Recommends
that the Commission ensures the compatibility of this new GenAI legal
framework with the three-step test of Article 5(5) InfoSoc Directive; |
8. Recalls
that any exception to existing rights under the copyright acquis, including
on AI, must be in line with the three-step test of Article 5(5)
InfoSoc Directive and the Berne Convention; |
Or. en
Amendment 299
Mario Mantovani
Motion for a resolution
Paragraph 8
|
|
|
|
Motion for a resolution |
Amendment |
|
8. Recommends
that the Commission ensures the compatibility of this new GenAI legal
framework with the three-step test of Article 5(5) InfoSoc Directive; |
8. Recommends
that the Commission ensures the compatibility of the GenAI legal
framework and any remuneration scheme with the three-step test of
Article 5(5) InfoSoc Directive; |
Or. en
Amendment 300
Kosma Złotowski
Motion for a resolution
Paragraph 8
|
|
|
|
Motion for a resolution |
Amendment |
|
8. Recommends
that the Commission ensures the compatibility of this
new GenAI legal framework with the three-step test of Article 5(5) InfoSoc
Directive; |
8. Calls
on the Commission to ensure the compatibility of
this new GenAI legal framework with the three-step test of Article 5(5)
InfoSoc Directive; |
Or. en
Amendment 301
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 8
|
|
|
|
Motion for a resolution |
Amendment |
|
8. Recommends
that the Commission ensures the compatibility of this new GenAI legal
framework with the three-step test of Article 5(5) InfoSoc Directive; |
8. Recommends
that the Commission ensures the compatibility of the GenAI legal
framework with the three-step test of Article 5(5) InfoSoc Directive; |
Or. en
Amendment 302
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Paragraph 8 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 a. Urges the Commission to assess in view of
audio and audiovisual productions typically including various other works or
protected subject matters the need for developing in the AI context discussed
here additional or new mandatory collective management solutions for the
purpose of facilitating the licensing of productions by their rightsowners
and for securing that licensing is not hindered, prevented or made
unnecessarily burdensome by interventions of outsiders holding rights in
individual parts of the production, thereby threatening the use of respective
materials in the interest of various stakeholders in the process and the
development of a vibrant AI industry in the EU; |
Or. en
Amendment 303
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Paragraph 8 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 a. Calls on the Commission to facilitate the
establishment of voluntary collective licensing agreements per sector,
including but not limited to news media, music, book publishing, academic and
research publishing and the audiovisual sector, to enable the lawful use of
copyright-protected content for AI training; believes that such agreements,
which might be linked either to input or output of content, could provide a
balanced and efficient framework for ensuring the fair remuneration of rights
holders while enabling access to high-quality training data for AI providers; |
Or. en
Amendment 304
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 8 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 b. Recommends collective licensing agreements
as the default commercial mechanism for licensing copyright-protected content
for AI training purposes in the EU, ensuring fairness, transparency and legal
certainty for all parties involved, while preventing the fragmentation of
licensing practices and the risk of unilateral or discriminatory licensing
terms; |
Or. en
Amendment 305
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 8 c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 c. Calls on the Commission to ensure that
collective licensing agreements are accessible to all stakeholders, including
small and medium-sized enterprises and individual creators, and urges the
Commission to establish safeguards to prevent abuse of dominant market
positions, guaranteeing that licensing terms are reasonable, proportionate
and reflective of the value of the licensed content; |
Or. en
Amendment 306
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Sandro Ruotolo, Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 8 d (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 d. Clarifies that the participation in
collective licensing agreements should remain voluntary for both AI providers
and rights holders, thereby preserving their freedom to decide whether to
license or use copyright-protected content for AI training purposes; |
Or. en
Amendment 307
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Sandro Ruotolo, Victor Negrescu
Motion for a resolution
Paragraph 8 e (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 e. Notes that the negotiation of collective
licensing agreements may be subject to refusal of one or multiple parties to
engage in good faith and therefore calls on the Commission to explore the
feasibility of mandatory rate-setting through a trusted third party as a
measure of last resort; |
Or. en
Amendment 308
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Sandro Ruotolo, Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 8 f (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
8 f. Suggests the creation of effective tools
for opt-out management, including the assessment of the feasibility of
central, federated or sector-specific registers of opt-outs managed by a
trusted intermediary as an efficient framework for rights holders to both
opt-out their protected works in line with Article 4 of the CDSM Directive
and to signal objection to their respective sectoral collective licensing
agreement, recommends that such registers or tools should contain an itemised
list of opted-out content for the purposes of AI training, facilitating
compliance for AI providers and preventing accidental use of opted-out
copyright-protected content for AI training; |
Or. en
Amendment 309
Ton Diepeveen
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends assigning the EUIPO
responsibility for setting up and managing a central register of opt-outs
and, where necessary, for mediating the licensing process, so as to
streamline relations between GenAI providers and rights holders, establishing
a workable, innovation-friendly framework that supports the Union’s
competitiveness without unduly hindering the development of AI technologies;
further
recommends that both opt-out declarations and licence offers be recorded in
machine-readable form in the same register; |
deleted |
Or. nl
Amendment 310
Victor Negrescu
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; |
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; recommends
that this register be extended to incorporate a dedicated, interoperable
module for the registration, validation, and real-time consent management of
individuals' personal visual identity and biometric data, such as facial
images and voice, in a machine-readable format; this module should function
as a verifiable mechanism for generative AI platforms to ensure explicit
consent or respect opt-out decisions before generating content involving
human faces or voices, thereby proactively safeguarding fundamental rights,
including the right to image and privacy (Articles 7 and 8 of the Charter of
Fundamental Rights of the European Union, GDPR) and complementing the
obligations of the AI Act and eIDAS 2.0; |
Or. en
Amendment 311
Angelika Niebler, Sabine Verheyen
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; |
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; further
considers that maintaining such a database may be expensive and
time-consuming. The Commission shall therefore foster research and the
development of standards for innovative technological solutions that enhance
the ability to verify data set information. Examples include cryptographic
watermarks. |
Or. en
Amendment 312
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Lara Wolters, Sandro Ruotolo, Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning
the EUIPO responsibility for setting up and managing a central register
of opt-outs and, where necessary, for mediating the licensing process,
so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; |
9. Recommends
that
the Commission assigns the EUIPO responsibility for monitoring
the implementation of effective tools for opt-out management, such as
central, federated or sector-specific registers, catalogues or dataspaces,
and, where necessary, for mediating sector-based, voluntary collective
licensing agreements between the representatives of rights holders and AI
providers, and for arbitrating disputes, so as to streamline
relations between AI providers and rights holders, establishing a workable,
innovation-friendly framework that supports the Union’s creative sector and its
competitiveness without unduly hindering the development of AI technologies;
further recommends that both opt-out declarations and licence offers be
recorded in machine-readable form in the same register, catalogue or dataspace; |
Or. en
Amendment 313
Mario Mantovani
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; |
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of crawlers for GenAI and, where necessary, for supporting
the licensing process, so as to streamline relations between GenAI providers
and rights holders, establishing a workable, innovation-friendly framework
that supports the Union’s competitiveness without unduly hindering the
development of AI technologies or causing a risk to the enforceability of
eclusive rights; Further recommends that a voluntary and decentralised
registry of opt out be stablished, with EUIPO serving as a gateway access,
accompanied by measures to further disincentivise the disregarding of
registered rights resevations, such as heavy statutory damages for each
instance of infringiment; |
Or. en
Amendment 314
Jörgen Warborn
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing
a central register of opt-outs and, where necessary, for mediating
the licensing process, so as to streamline relations between GenAI providers
and rights holders, establishing a workable, innovation-friendly framework
that supports the Union’s competitiveness without unduly hindering the
development of AI technologies; further recommends that both opt-out
declarations and licence offers be recorded in machine-readable form in the
same register; |
9. Recommends
assigning the EUIPO as a potential part, for mediating
the licensing process, so as to streamline relations between GenAI providers
and rights holders, establishing a workable, innovation-friendly framework
that supports the Union’s competitiveness without unduly hindering the
development of AI technologies; |
Or. en
Amendment 315
Laurence Farreng, Dainius Žalimas, Pascal Canfin
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a
central register of opt-outs and, where necessary, for mediating the
licensing process, so as to streamline relations between GenAI providers and
rights holders, establishing a workable, innovation-friendly framework that
supports the Union’s competitiveness without unduly hindering the
development of AI technologies; further recommends that both opt-out
declarations and licence offers be recorded in machine-readable form in the
same register; |
9. Expresses
scepticism about the creation of a central register of opt-outs;
emphasises that participation by a rights holder in any new register
should be incentivised, voluntary, uncomplicated and without additional
cost; recalls that participation in any new opt-out mechanism should not
invalidate any opt-outs previously expressed; |
Or. en
Amendment 316
Leire Pajín, José Cepeda, Marcos Ros Sempere
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a
central register of opt-outs and, where necessary, for mediating the
licensing process, so as to streamline relations between GenAI providers and
rights holders, establishing a workable, innovation-friendly framework that
supports the Union’s competitiveness without unduly hindering the development
of AI technologies; further recommends that both opt-out
declarations and licence offers be recorded in machine-readable form in the
same register; |
9. Recommends
assigning the EUIPO responsibility for setting up and managing an
opt-outs repository and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; |
Or. en
Amendment 317
Daniel Buda
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; |
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI technologies,
and without entailing disproportionate administrative burdens;
further recommends that both opt-out declarations and licence offers be
recorded in machine-readable form in the same register; |
Or. ro
Amendment 318
Kosma Złotowski
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating the licensing
process, so as to streamline relations between GenAI providers and rights
holders, establishing a workable, innovation-friendly framework that supports
the Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that both opt-out declarations and licence
offers be recorded in machine-readable form in the same register; |
9. Suggests
looking into the possibility of assigning the EUIPO responsibility
for setting up and managing a voluntary register of opt-outs
and, where necessary, for mediating the licensing process, so as to
streamline relations between GenAI providers and rights holders, establishing
a workable, innovation-friendly framework that supports the Union’s
competitiveness without unduly hindering the development of AI technologies;
further recommends that both opt-out declarations and licence offers be
recorded in machine-readable form in the same register; |
Or. en
Amendment 319
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 9
|
|
|
|
Motion for a resolution |
Amendment |
|
9. Recommends
assigning the EUIPO responsibility for setting up and managing a central
register of opt-outs and, where necessary, for mediating
the licensing process, so as to streamline relations between GenAI providers
and rights holders, establishing a workable, innovation-friendly
framework that supports the Union’s competitiveness without unduly hindering
the development of AI technologies; further recommends that both
opt-out declarations and licence offers be recorded in
machine-readable form in the same register; |
9. Recommends
assigning the EUIPO responsibility for setting up and managing a decentralized
register of opt-outs,in view of contributing to
establishing a workable, innovation-friendly framework that supports the
Union’s competitiveness without unduly hindering the development of AI
technologies; further recommends that opt-out declarations be recorded in
machine-readable form in the same register and communicated without delay
to the relevant Collective Management Societies; |
Or. en
Amendment 320
Daniel Buda
Motion for a resolution
Paragraph 9 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
9a. Calls on the Commission to develop and
implement mechanisms for the extraterritorial application of EU copyright
rules so that AI models trained outside the EU but designed to access the EU
market are required to fully comply with EU rules on the use and licensing of
protected content; |
Or. ro
Amendment 321
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 9 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
9 a. Emphasizes that digital watermarking,
which involves discreetly inserting a signature, code, or specific
information directly into protected content—whether text, image, video, or
audio—is an innovative and robust tool for protecting copyright and related
rights; |
Or. en
Amendment 322
Laurence Farreng, Dainius Žalimas, Pascal Canfin
Motion for a resolution
Paragraph 9 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
9 a. Recommends also that the EUIPO be tasked
with maintaining a register of existing data crawling technologies, in order
to ensure the effectiveness and technological sustainability of refusals
expressed by rights holders; |
Or. en
Amendment 323
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 9 b (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
9 b. Notes that this technique makes it
possible to track the distribution of works, verify their origin, identify
their use, and detect any unauthorized use, thereby facilitating the
implementation of effective protection mechanisms adapted to current
challenges; |
Or. en
Amendment 324
David Cormand
Motion for a resolution
Paragraph 9 c (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
9 c. Stresses the need for mapping existing
technical solutions for marking/identifying and labelling AI-generated
content, in order to monitor the implementation of the transparency
obligations by platforms offering creative content to detect and signal the
existence of AI generated content to their users; calls on the Commission to
issue a EU Code of Practice on content labelling by the Commission without
delay; |
Or. en
Amendment 325
Jörgen Warborn
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the
full, actionable transparency and source documentation by providers and
deployers of general-purpose AI models and systems, with regard to the use of
any copyright-protected work or other protected subject matter for any
purpose, including for inferencing, retrieval-augmented generation, or
fine-tuning, taking into due account the need to protect trade secrets and
confidential business information; |
deleted |
Or. en
Amendment 326
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Sandro Ruotolo, Hannes Heide,
Victor Negrescu
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems, with regard to the use of any
copyright-protected work or other protected subject matter for any purpose,
including for inferencing, retrieval-augmented generation, or fine-tuning,
taking into due account the need to protect trade secrets and confidential
business information; |
10. Calls on the Commission to propose the additional transparency
and source documentation rules for deployers and
providers of general-purpose AI models and systems as
necessary, with regard to the use of any copyright-protected work or
other protected subject matter for any purpose, including for opt-out
compliance in line with Article 4 of the CDSM Directive, inferencing,
retrieval-augmented generation, or fine-tuning, taking into due account the
need to protect trade secrets and confidential business information and
ensuring, however, that such protections are not misused to unduly hinder
transparency or to avoid legitimate disclosure obligations; furthermore
stresses that the AI Office’s template for the Public Summary of Training
Content should be amended to require more detailed information from AI model
providers in order to allow a proper assessment of possible infringements of
the EU copyright acquis; |
Or. en
Amendment 327
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full,
actionable transparency and source documentation by providers and deployers
of general-purpose
AI models and systems, with regard to the use of any copyright-protected work or
other protected subject matter for any purpose, including for
inferencing, retrieval-augmented generation, or fine-tuning, taking
into due account the need to protect trade secrets and confidential business
information; |
10. Calls on the Commission to establish the obligation for
full, actionable transparency and source documentation by providers and
deployers of AI models and systems, with regard to the use of any content
for any purpose, including for inferencing, retrieval-augmented generation,
or fine-tuning, and for this information to be directly and unconditionally
accessible by rights holders; believes that for purposes that require
continuous and real-time crawling such as inferencing and retrieval-augmented
generation, such transparency should be complemented by an obligation for
crawlers to be identifiable to the web operator and for AI companies to
maintain detailed records of any crawling activities carried out |
Or. en
Amendment 328
Kosma Złotowski
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems, with regard to the use
of any copyright-protected work or other protected subject matter for any
purpose, including for inferencing, retrieval-augmented generation, or
fine-tuning, taking into due account the need to protect trade
secrets and confidential business information; |
10. Calls on the Commission to focus on the implementation of
the transparency requirements of the AI Act, including the
Code of Practice and the template to help general-purpose AI providers
summarise the content used to train their model; recommends the European
Commission to continue working with AI providers and relevant stakeholders to
improve the template of training data and consider a simplified version of
the template for SMEs, startups, mid-caps, and research organizations,
taking into due account the need to protect trade secrets and confidential
business information., in accordance with the AI Act; |
Or. en
Amendment 329
Victor Negrescu
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems, with regard to the use of any
copyright-protected work or other protected subject matter for any purpose,
including for inferencing, retrieval-augmented generation, or fine-tuning,
taking into due account the need to protect trade secrets and confidential
business information; |
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems, with regard to the use of any
copyright-protected work or other protected subject matter for any purpose,
including for inferencing, retrieval-augmented generation, or fine-tuning,
taking into due account the need to protect trade secrets and confidential
business information; however, such protection must not be
misused to evade transparency obligations or undermine the rights of
creators; |
Or. en
Amendment 330
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems, with regard to the use of any
copyright-protected work or other protected subject matter for any purpose,
including for inferencing, retrieval-augmented generation, or fine-tuning,
taking into due account the need to protect trade secrets and confidential
business information; |
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems placed on the market in the European Union,
with regard to the use of any copyright-protected work or other protected
subject matter for any purpose, including for inferencing,
retrieval-augmented generation, or fine-tuning, taking into due account the
need to protect trade secrets and confidential business information; |
Or. en
Amendment 331
Ton Diepeveen
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of
general-purpose AI models and systems, with regard to the use of any
copyright-protected work or other protected subject matter for any purpose,
including for inferencing, retrieval-augmented generation, or fine-tuning,
taking into due account the need to protect trade secrets and confidential
business information; |
10. Calls on the Commission to propose full, actionable
transparency through an information obligation on providers and
deployers of general-purpose AI models and systems, with regard to the use of
any copyright-protected work or other protected subject matter for any
purpose, including for inferencing, retrieval-augmented generation, or
fine-tuning, taking into due account the need to protect trade secrets and
confidential business information; |
Or. nl
Amendment 332
Maravillas Abadía Jover
Motion for a resolution
Paragraph 10
|
|
|
|
Motion for a resolution |
Amendment |
|
10. Calls on the Commission to propose the full, actionable
transparency and source documentation by providers and deployers of general-purpose
AI models and systems, with regard to the use of any
copyright-protected work or other protected subject matter
for any purpose, including for inferencing, retrieval-augmented generation,
or fine-tuning, taking into due account the need to protect trade secrets and
confidential business information; |
10. Calls on the Commission to propose the full, actionable transparency
and source documentation by Generative AI services available in the EU,
with regard to the use of any copyright-protected works or other
protected subject matter for any purpose, including for inferencing,
retrieval-augmented generation, or fine-tuning, taking into due account the
need to protect trade secrets and confidential business information; |
Or. en
Amendment 333
Axel Voss, Daniel Buda, Sabine Verheyen
Motion for a resolution
Paragraph 10 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
10 a. Urges the Commission to present a legal
proposal for a specific related right (neighbouring or ancillary right) for
providers of media services which is justified and necessary in view of the
repeated and fully automated extraction and re-utilization of their services
in and by AI assistants, thus substituting and replacing media services and
their providers to the detriment of sustaining and fostering media pluralism
and diversity as well as democratic discourse in the EU and its Member
States; |
Or. en
Amendment 334
Victor Negrescu
Motion for a resolution
Paragraph 10 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
10 a. Calls on the Commission to assess and,
where appropriate, propose mechanisms ensuring that providers of
general-purpose AI models or systems which demonstrably divert traffic and
revenue from press outlets compensate such outlets in a fair, proportionate
and non-discriminatory manner, with particular attention to local and
regional media; |
Or. en
Amendment 335
Maravillas Abadía Jover
Motion for a resolution
Paragraph 10 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
10 a. Recommends to entrust the EUIPO with
leading the establishment of a single Union-level entry point serving as a
one-stop shop for GenAI developers, which would centralise the relevant
information and tools necessary to ensure compliance with transparency
obligations; |
Or. en
Amendment 336
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 10 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
10 a. Calls on the Commission to develop
benchmarks for and defining principles of ethically responsible use of AI
technologies, in particular a clear liability regime for AI services and
products; |
Or. en
Amendment 337
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 10 a (new)
|
|
|
|
Motion for a resolution |
Amendment |
|
|
10 a. Considers that trade secrets cannot be
invoked to oppose the transparency obligations incumbent on suppliers and
providers of generative AI service; |
Or. en
Amendment 338
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Emma Rafowicz, Sandro Ruotolo,
Hannes Heide, Victor Negrescu
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI
(GenAI) model or system placed on the Union market, works and other subject
matter protected by copyright or related rights have been used for its
training where the statutory transparency obligations set
out in this resolution have not been fully complied with; further
recommends that, where a rights holder succeeds in legal proceedings either
on the basis of this presumption or through submitted evidence, any
reasonable and proportionate legal costs and other expenses incurred in
enforcing such rights shall be borne by the provider of the AI model or
system; |
11. Calls on the Commission to propose the establishment of a
rebuttable presumption requiring any general-purpose AI
(GenAI) model or system placed on the Union market to demonstrate full compliance
with copyright protection rules and exceptions if their
transparency obligations have not been fully complied with or
if they do not agree to license through relevant collective licensing
agreements; recommends that, where substantiated indications of unauthorised
use of copyright-protected works exist, appropriate measures and procedures
be established to ensure compliance with copyright law, including mechanisms
to identify, obtain, and preserve related evidence in full respect of
applicable data protection and privacy rules; further recommends
that, where a rights holder succeeds in legal proceedings either on the basis
of this presumption or through submitted evidence, any reasonable and
proportionate legal costs and other expenses incurred in enforcing such
rights shall be borne by the provider of the AI model or system; |
Or. en
Amendment 339
Mario Mantovani
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model or
system placed on the Union market, works and other subject matter protected
by copyright or related rights have been used for its training where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or through
submitted evidence, any reasonable and proportionate legal costs and other
expenses incurred in enforcing such rights shall be borne by the provider of
the AI model or system; |
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model or
system placed on the Union market, works and other subject matter protected
by copyright or related rights have been used for its training where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or through
submitted evidence, any reasonable and proportionate legal costs and other
expenses incurred in enforcing such rights shall be borne by the provider of
the AI model or system; Statutory damages for each instance of an
infringiment by a GenAI over a registered rights reservation should also be
introduced to repair the damage caused to rightsholders and further
disincentivise unlawful behaviour from GenAI providers. |
Or. en
Amendment 340
Jörgen Warborn
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an irrebuttable
presumption that, for any general-purpose AI (GenAI) model or system placed
on the Union market, works and other subject matter protected by copyright or
related rights have been used for its training where the statutory
transparency obligations set out in this resolution have not been fully
complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or
through submitted evidence, any reasonable and proportionate legal
costs and other expenses incurred in enforcing such rights shall be borne by
the provider of the AI model or system; |
11. Calls on the Commission to propose the establishment of an
presumption that, for any general-purpose AI (GenAI) model or system placed
on the Union market, works and other subject matter protected by copyright or
related rights have been used for its training; further recommends that,
where a rights holder succeeds in legal proceedings, any reasonable and
proportionate legal costs and other expenses incurred in enforcing such
rights shall be borne by the provider of the AI model or system; |
Or. en
Amendment 341
Axel Voss, Daniel Buda, Maravillas Abadía Jover,
Sabine Verheyen
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model
or system placed on the Union market, works and other subject matter
protected by copyright or related rights have been used for its
training where the statutory transparency obligations set out in this
resolution have not been fully complied with; further recommends that, where
a rights holder succeeds in legal proceedings either on the basis of this
presumption or through submitted evidence, any reasonable and proportionate
legal costs and other expenses incurred in enforcing such rights shall be
borne by the provider of the AI model or system; |
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any AI model or system placed on the
Union market, works and other subject matter protected by copyright or
related rights have been used for copyright-relevant purposes, including for
training, inferencing or retrieval augmented generation, where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or through
submitted evidence, any reasonable and proportionate legal costs and other
expenses incurred in enforcing such rights shall be borne by the provider of
the AI model or system, as applicable |
Or. en
Amendment 342
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an irrebuttable
presumption that, for any general-purpose AI (GenAI) model or system placed
on the Union market, works and other subject matter protected by copyright or
related rights have been used for its training where the statutory
transparency obligations set out in this resolution have not been fully
complied with; further recommends that, where a rights holder
succeeds in legal proceedings either on the basis of this presumption or
through submitted evidence, any reasonable and proportionate legal costs and
other expenses incurred in enforcing such rights shall be borne by the
provider of the AI model or system; |
11. Calls on the Commission to propose the establishment of an rebuttable
presumption that, for any general-purpose AI (GenAI) model or system placed
on the Union market, works and other subject matter protected by copyright or
related rights have been used for its training; further recommends that,
where a rights holder succeeds in legal proceedings either on the basis of
this presumption or through submitted evidence, any reasonable and
proportionate legal costs and other expenses incurred in enforcing such
rights shall be borne by the provider of the AI model or system; |
Or. en
Amendment 343
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model or
system placed on the Union market, works and other subject matter protected
by copyright or related rights have been used for its training where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or through
submitted evidence, any reasonable and proportionate legal costs and other
expenses incurred in enforcing such rights shall be borne by the provider of
the AI model or system; |
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model or
system placed on the Union market, works and other subject matter protected
by copyright or related rights have been used for its training where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder or
the organisation representing them succeeds in legal proceedings
either on the basis of this presumption or through submitted evidence, any
reasonable and proportionate legal costs and other expenses incurred in
enforcing such rights shall be borne by the provider of the AI model or
system; |
Or. en
Amendment 344
Kosma Złotowski
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the
establishment of an irrebuttable presumption that, for any general-purpose AI
(GenAI) model or system placed on the Union market, works and other subject
matter protected by copyright or related rights have been used for its
training where the statutory transparency obligations
set out in this resolution have not been fully complied with; further
recommends that, where a rights holder succeeds in legal proceedings either
on the basis of this presumption or through submitted evidence, any
reasonable and proportionate legal costs and other expenses incurred in enforcing
such rights shall be borne by the provider of the AI model or system; |
11. Calls on the Commission to consider the
establishment of a presumption that, for any general-purpose AI (GenAI) model
or system placed on the Union market, works and other subject matter
protected by copyright or related rights have been used for its training
where the transparency obligations set out within the European legal
framework have not been fully complied with; further recommends that,
where a rights holder succeeds in legal proceedings either on the basis of
this presumption or through submitted evidence, any reasonable and
proportionate legal costs and other expenses incurred in enforcing such
rights shall be borne by the provider of the AI model or system,
without prejudice to national laws; |
Or. en
Amendment 345
Ton Diepeveen
Motion for a resolution
Paragraph 11
|
|
|
|
Motion for a resolution |
Amendment |
|
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model or
system placed on the Union market, works and other subject matter protected
by copyright or related rights have been used for its training where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or through
submitted evidence, any reasonable and proportionate legal costs and other
expenses incurred in enforcing such rights shall be borne by the provider of
the AI model or system; |
11. Calls on the Commission to propose the establishment of an
irrebuttable presumption that, for any general-purpose AI (GenAI) model or
system placed on the Union market, works and other subject matter protected
by copyright or related rights have been used for its training where the
statutory transparency obligations set out in this resolution have not been
fully complied with; further recommends that, where a rights holder succeeds
in legal proceedings either on the basis of this presumption or through
submitted evidence, any legal costs and other reasonable
and proportionate expenses incurred in enforcing such rights shall be
borne by the provider of the AI model or system; |
Or. nl
Amendment 346
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 11 a (new)
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Motion for a resolution |
Amendment |
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11 a. Considering that any protected object is
presumed, unless proven otherwise, to have been used for the training or
operation of an AI system when there are serious and consistent indications,
which may include: |
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1. the
passage of web crawlers over content; |
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2. the
presence of similar protected content in public databases or databases known
to have been used for training or specialization of models; |
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3.
substantial similarities between the protected object and the content
generated by the AI system; |
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4. the
mention, even if erroneous, of a credit to a rights holder in the generated
content; |
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5. public
admissions or statements acknowledging the use of protected content or data
sets containing such content; |
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6. the
ability of the AI system to generate content “in the style” of a protected
object or a specific rights holder; |
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7. the
defendant's refusal to disclose evidence to a competent authority. |
Or. en
Amendment 347
Laurence Farreng, Dainius Žalimas, Pascal Canfin, Billy
Kelleher
Motion for a resolution
Paragraph 11 a (new)
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Motion for a resolution |
Amendment |
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11 a. Calls also on the Commission to establish
a rebuttable presumption of use of cultural content by GenAI systems where,
in the absence of an agreement with a rights holder on the use of their
content for training the system, the AI-generated output displays clear and
indentifiable elements dereived from one or more of their copyright-protected
content; |
Or. en
Amendment 348
Mario Mantovani
Motion for a resolution
Paragraph 11 a (new)
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Motion for a resolution |
Amendment |
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11 a. Calls on the European Commission to ensure
that the AI Office share information with rightsholders whenever they come
across any indication of copyright infringiment by AI providers when
enforcing the AI Act. |
Or. en
Amendment 349
Mario Mantovani
Motion for a resolution
Paragraph 11 b (new)
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Motion for a resolution |
Amendment |
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11 b. Notes that nothing in this proposal should
be intended to affect scientific, medical or research activities. |
Or. en
Amendment 350
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 12
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Motion for a resolution |
Amendment |
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12. Insists that AI-generated content should remain ineligible
for copyright protection, and that the public domain status of such works
be clearly determined; |
12. Insists that AI-generated content which does not meet they
copyrightability criteria that are well established in the EU acquis and case
law should remain ineligible for copyright protection, and that the
public domain status of such content be clearly determined; |
Or. en
Amendment 351
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 12
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Motion for a resolution |
Amendment |
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12. Insists that AI-generated content should remain ineligible
for copyright protection, and that the public domain status of
such works be clearly determined; |
12. Insists that AI-generated content that does not meet the
established criteria for copyright protection and related rights
should remain ineligible for this protection and
related rights, and that the public domain status of such works be
clearly determined; |
Or. en
Amendment 352
Mario Furore
Motion for a resolution
Paragraph 12
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Motion for a resolution |
Amendment |
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12. Insists that AI-generated content should remain ineligible
for copyright protection, and that the public domain status of such works be
clearly determined; |
12. Insists that fully AI-generated content should
remain ineligible for copyright protection and should also not qualify for
protection under related rights, and that the public domain status of
such works be clearly determined; |
Or. en
Amendment 353
Jörgen Warborn
Motion for a resolution
Paragraph 12
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Motion for a resolution |
Amendment |
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12. Insists that AI-generated content should remain
ineligible for copyright protection, and that the public domain status of
such works be clearly determined; |
12. Insists that content fully generated by generative AI
should remain ineligible for copyright protection, and that the public domain
status of such works be clearly determined; |
Or. en
Amendment 354
Kosma Złotowski
Motion for a resolution
Paragraph 12
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Motion for a resolution |
Amendment |
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12. Insists that AI-generated content should remain ineligible
for copyright protection, and that the public domain status of such works be
clearly determined; |
12. Insists that fully AI-generated content should
remain ineligible for copyright protection, and that the public domain status
of such works be clearly determined; |
Or. en
Amendment 355
Laurence Farreng, Dainius Žalimas, Pascal Canfin,
Billy Kelleher
Motion for a resolution
Paragraph 12 a (new)
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Motion for a resolution |
Amendment |
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12 a. Expresses concern about possible overlap
between the exceptions set out in Articles 3 and 4 of the CDSM Directive;
calls on the European Commission to affirm that the exception provided for in
Article 3 should not pave the way for commercial exploitation of research
results by GenAI providers or deployers; |
Or. en
Amendment 356
David Cormand
on behalf of the Verts/ALE Group
Motion for a resolution
Paragraph 13
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Motion for a resolution |
Amendment |
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13. Calls on the Commission to explore measures to counter the
infringement of the rights of reproduction, of making available to the public
and of communication to the public through the production of GenAI outputs; |
13. Calls on the Commission to explore measures to counter the
infringement of the rights of reproduction, of making available to the public
and of communication to the public through the production of GenAI outputs,
provided that such measures do not result in the prevention of the production
of GenAI outputs that include works or other subject matter that do not
infringe copyright and related rights, including for private use, quotation,
criticism, review, caricature, parody and pastiche, and incidental inclusion; |
Or. en
Amendment 357
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 13
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Motion for a resolution |
Amendment |
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13. Calls on the Commission to explore measures to counter the
infringement of the rights of reproduction, of making available to the public
and of communication to the public through the production of GenAI outputs; |
13. Urges the Commission to explore measures to counter the
infringement of the rights of reproduction, of making available to the public
and of communication to the public through the production of GenAI outputs,
while preserving the right to create GenAI output that does not infringe copyright
and related rights, including for reproduction for private use, or for
quotation, criticism, review, caricature, parody and pastiche, and incidental
inclusion; |
Or. en
Amendment 358
Jörgen Warborn
Motion for a resolution
Paragraph 13
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Motion for a resolution |
Amendment |
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13. Calls on the Commission to explore measures to counter the
infringement of the rights of reproduction, of making available to the public and
of communication to the public through the production of GenAI outputs; |
13. Calls on the Commission to ensure that generative AI
outputs respect existing copyright law, which provides tools to address
potential infringement; stresses that additional legislation is
not necessary at this stage, and that effors should focus on effective
implementation and support for industry-led technical solutions, in line with
the AI Act Code of Practice for GPAI models. |
Or. en
Amendment 359
Brando Benifei, Tiemo Wölken, René Repasi, Leire
Pajín, Krzysztof Śmiszek, Victor Negrescu, Sandro Ruotolo, José Cepeda
Motion for a resolution
Paragraph 13 a (new)
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Motion for a resolution |
Amendment |
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13 a. Stresses that the Code of Practice,
guidelines, and templates should be treated as living documents requiring
regular updates to address emerging challenges in copyright protection and AI
development; expresses deep concern at the opacity and insufficient
consultation of rightholders in the drafting of the first GPAI Code of
Practice and the training data summary template, and regrets the
disproportionate influence of a narrow set of stakeholders during
discussions; calls on the Commission to embed inclusive AI governance with
meaningful, systematic participation of creators, cultural industries and
rightholders at every stage of implementation, with open agendas, balanced
representation, and public reporting to safeguard legitimacy and trust; |
Or. en
Amendment 360
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 13 a (new)
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Motion for a resolution |
Amendment |
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13 a. Stresses that, in the light of increasing
use of GenAI systems for the enforcement of copyright claims, takedown
requests and content removal need to be subject to meaningful human review;
highlights that automated systems including GenAI may fail to recognize
legitimate uses of copyrighted material, such as satire, pastiche, criticism,
or parody, which are protected under the EU copyright acquis; emphasizes that
human oversight is essential to prevent the occurrence of erroneous removal
of legitimate content and to safeguard freedom of expression, particularly in
cases involving press reporting, artistic expression, or public interest
content, |
Or. en
Amendment 361
Brando Benifei, Tiemo Wölken, René Repasi, Leire
Pajín, Krzysztof Śmiszek, Victor Negrescu, Sandro Ruotolo, José Cepeda
Motion for a resolution
Paragraph 13 b (new)
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Motion for a resolution |
Amendment |
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13 b. Expresses disappointment with the training
data summary template under Article 53(1)(d) which fails to effectively
facilitate rightsholders' ability to exercise and enforce their rights under
Union law; notes with concern that the template's reliance on narrative
descriptions, disclosure of only the top percentile of scraped domains, and
broad trade secret exemptions renders it insufficient for rightsholders to
verify whether their protected content has been used for training GPAI models
or to pursue effective legal remedies against potential infringements; |
Or. en
Amendment 362
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 13 b (new)
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Motion for a resolution |
Amendment |
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13 b. Calls on the Commission to ensure that
text and data mining activities conducted for scientific research,
educational purposes or non-commercial innovation should not be restricted,
in line with the principle of Article 13 of the Charter of Fundamental
Rights; |
Or. en
Amendment 363
Brando Benifei, Tiemo Wölken, René Repasi, Leire
Pajín, Krzysztof Śmiszek, Victor Negrescu, Sandro Ruotolo, José Cepeda
Motion for a resolution
Paragraph 13 c (new)
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Motion for a resolution |
Amendment |
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13 c. Welcomes the direction of travel in the
GPAI Code of Practice’s copyright chapter, including commitments on dataset
documentation, opt-outs and complaint handling, while noting remaining shortcomings;
calls on the AI Office to enforce these provisions robustly, notably as
regards the reproduction and extraction of lawfully accessible
copyright-protected content when crawling the web, and urges signatories to
adopt a public copyright policy and to operate an accessible, time-bound
complaint mechanism that provides effective redress for rightholders; |
Or. en
Amendment 364
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 13 c (new)
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Motion for a resolution |
Amendment |
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13 c. Calls on the Commission and the Member
States to accelerate measures and secure investments to achieve the
commitments of the Digital Decade declaration, ensuring that fundamental
rights are protected, users rights and consumer protection in the Digital
Single Market are ensured, and responsibilities of platforms, especially
large players and gatekeepers, are well enforced; |
Or. en
Amendment 365
Brando Benifei, Tiemo Wölken, René Repasi, Leire Pajín,
Krzysztof Śmiszek, Victor Negrescu, Sandro Ruotolo, José Cepeda
Motion for a resolution
Paragraph 13 d (new)
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Motion for a resolution |
Amendment |
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13 d. Calls on the AI Office to work closely
with the EUIPO, leveraging the AI Act Service Desk and the EUIPO Copyright
Knowledge Center, to issue joint guidance, model workflows and practical FAQs
that clarify copyright-related obligations for developers, providers and
deployers, with a strong focus on the needs of SMEs; encourages common
tooling and templates, helpdesk coordination, and outreach actions that
promote lawful licensing pathways and reduce compliance fragmentation across
the internal market; |
Or. en
Amendment 366
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 13 d (new)
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Motion for a resolution |
Amendment |
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13 d. Is mindful of the adverse impact of
massive data usage on the environment and of the need to balance it in order
to achieve the twin digital and green transitions as outlined in the European
Green Deal; encourages therefore the EUIPO and its European Intellectual
Property Network (EUIPN), as well as international organisations such as the
WIPO, to intensify efforts from public bodies and industries in the IP sector
to promote energy-efficient data centres and sustainable digital solutions. |
Or. en
Amendment 367
Brando Benifei, Tiemo Wölken, René Repasi, Leire
Pajín, Krzysztof Śmiszek, Victor Negrescu, Sandro Ruotolo, José Cepeda
Motion for a resolution
Paragraph 13 e (new)
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Motion for a resolution |
Amendment |
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13 e. Deeply regrets the Commission’s withdrawal
of the AI Liability Directive, which would have provided harmonised
procedural rules and avoided fragmentation across 27 regimes; notes that
significant gaps persist, as the PLD excludes pure economic loss and the AI
Act creates no civil remedies, leaving rightholders exposed when copyrighted
works are used without authorisation in training or when AI outputs
substitute originals; calls on the Commission to table a revised AILD so
Parliament’s debates can resume, incorporating targeted evidence-disclosure
duties, rebuttable presumptions, calibrated burden-of-proof and value-chain
responsibilities, with confidentiality safeguards to secure redress while
preserving innovation and competitiveness; |
Or. en
Amendment 368
Tiemo Wölken, Krzysztof Śmiszek, René Repasi, Brando
Benifei, Leire Pajín, José Cepeda, Lara Wolters, Victor Negrescu
Motion for a resolution
Paragraph 13 e (new)
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Motion for a resolution |
Amendment |
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13 e. Calls on the Commission to swiftly address
any violations of the Digital Markets Act with regard to potential
self-preferencing practices by gatekeepers benefitting their AI services and
harming fair competition with business users; |
Or. en
Amendment 369
Brando Benifei, Tiemo Wölken, René Repasi, Krzysztof
Śmiszek, Victor Negrescu, Sandro Ruotolo, José Cepeda
Motion for a resolution
Paragraph 13 f (new)
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Motion for a resolution |
Amendment |
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13 f. Notes with concern that rightsholders face
technical and practical barriers to effective TDM opt-outs for AI training;
observes that current machine-readable controls lack interoperability, depend
on unreliable crawler self-identification, are inconsistently enforced, and
offer insufficient granularity to refuse AI training while permitting search
indexing; stresses that these deficits, alongside poor integration with web
infrastructure, undermine control and discoverability; supports Commission
engagement with IETF AI Preferences work and urges robust, interoperable,
purpose-specific signals with verifiable enforcement across the ecosystem; |
Or. en
Amendment 370
Tiemo Wölken, Adnan Dibrani, Christel Schaldemose
Motion for a resolution
Paragraph 13 f (new)
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Motion for a resolution |
Amendment |
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13 f. Calls on the Commission to investigate
measures to protect individuals against the dissemination of manipulated and
AI-generated digital text, image, audio or video content, including artists'
works and performances, imitating their personal characteristics, ‘deep
fakes’, without consent; highlights that digital service providers shall have
a clear obligation to act against such illegal use of an individual’s right
to their own body, facial features and voice and intellectual property right; |
Or. en
[1] OJ L 77, 27.3.1996, p. 20.
[2] OJ L 167, 22.6.2001, p. 10.
[3] OJ L 157, 30.4.2004, p. 45.
[4] OJ L 111, 5.5.2009, p. 16.
[5] OJ L 119, 4.5.2016, p. 1.
[6] OJ L 157, 15.6.2016, p. 1.
[7] OJ L 303, 28.11.2018, p. 59.
[8] OJ L 130, 17.5.2019, p. 92.
[9] OJ L 172, 26.6.2019, p. 56.
[10] OJ L 186, 11.7.2019, p. 57.
[11] OJ L 152, 3.6.2022, p. 1.
[12] OJ L, 2023/2854, 22.12.2023.
[13] OJ L 1689, 12.7.2024, p. 1.
[14] as
also stated in PolDep’s opinion
[15] Cf.
EUIPO study
[16] Cf.
EUIPO study

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