Axel Voss, a German centre-right member of the European parliament, who played a key role in writing the EU’s 2019 copyright directive, said that law was not conceived to deal with generative AI models: systems that can generate text, images or music with a simple text prompt.
The EU’s AI Act, which came into force last year, was already in the works when ChatGPT, an AI chatbot that can generate essays, jokes and job applications, burst into public consciousness in late 2022, becoming the fastest-growing consumer application in history.
Voss said he had been unable to get majorities of EU lawmakers to ensure strong copyright protection when the issue emerged in the late stages of negotiating the AI Act.
The intervention came as 15 cultural organisations wrote to the European Commission this week warning that draft rules to implement the AI Act were “taking several steps backwards” on copyright, while one writer spoke of a “devastating” loophole.
Voss said “a legal gap” had opened up after the conclusion of the EU’s AI Act, which meant copyright was not enforceable in this area.
