It was a late start in the plenary for SCCR 45. The chamber was quiet as the regional groups consolidated their comments on the new working document written by the Secretariat for the draft plan on limitations and exceptions. Informal discussions reconvened briefly before returning to plenary at around noon. With no additional comments by member states, the Chair opened Agenda item 7: Other Matters. For Copyright in the Digital Environment, Brazil, on behalf of the Group of Latin American and Caribbean Countries (GRULAC),  presented the Work Plan on Copyright and Digital Environment (document SCCR/45/4).  This document follows the previous Proposal for Analysis of Copyright Related to the Digital Environment (document SCCR/43/7), introduced during SCCR/43. 

GRULAC emphasized the importance of addressing copyright in the digital environment, especially the negative impacts of technological changes on artists and performers. They proposed that this agenda item becomes a permanent topic for the committee.

Individual member states supported their own group’s positions, with comments divided on whether to partially or fully support GRULAC’s proposal. Group B noted the time needed for the current permanent agenda items and the United States urged SCCR to focus on encouraging member states to join existing copyright treaties and address region or country-specific issues on a national or regional level.

The committee returned from lunch early for the Information Session on the Opportunities and Challenges Raised by Generative AI as it Relates to Copyright. You can find the provisional program here.

In a mesmerising opening, an AI avatar of Sylvie Forbin, Deputy Director General for Copyright and Creative Industries Sector at WIPO, opened the session, which then melded into a live art performance on the theme of Artificial Intelligence by a collective of four artists from Colombia. The performance encompassed the entire chamber, with incredible projections, AI-generated art, live music, an entire composite of art, lights, and sounds generated by the musicians and AI alike. 

The real Forbin then passed the floor to WIPO’s Paolo Lanteri, Legal Counsellor of the Copyright Law Division, but not without telling the committee: “Welcome to the Future.”

Lanteri noted this was the first occasion where the committee is specifically focusing on AI and copyright. 18 international speakers were invited, including creators, professionals, and stakeholders from diverse backgrounds, with five joining remotely.

The first panel of the session focused on the “Practical impact of the growing use of AI in content creation across different sectors. Challenges and opportunities ahead.”

Peter Schoppert, Director of NUS Press Pte Ltd, Singapore and a member of the IPA’s Copyright Committee, stressed the challenges and legal concerns surrounding the use of AI in publishing, particularly the unauthorized use of copyrighted materials. He advocated for the development of AI models that respect copyright and authorial integrity, stating: “In order to have the benefits, I think it is possible to build models that will respect the rights of creators. And I’m really looking forward to getting to the point where we can do that. The systems we have for moving from information to knowledge, to wisdom, the importance of integrity of authorship, of speech which is not just free but also socially accountable. These things are really important. It is the sort of thing publishers have been working on imperfectly for literally hundreds of years. So I would stick with those institutions and make use of this technology within that structure, especially copyright.” 

The final panel focused on the “Enabling Factors for Sustainable, Fair and Beneficial Use of AI in Content Creation for All Stakeholders.”

Please see below for a full list of speakers and notes on their shared comments. 

The information session then moved to a question and answer session, with active participation from the audience.

In regard to a question on Text and Data Mining Exceptions and the scientific field versus the creative sector in the context of AI, Peter Schoppert reminded the Committee that exceptions for text and data mining did not foresee Generative AI, “they were about extracting facts from a sea of text… we should also recognise that the exception was made at a certain time and the technology has changed. “

The day concluded with a side event, titled “Audiovisual Performers in the digital environment,” presented by The Association of European Performers’ Organizations (AEPO-ARTIS).

 

SCCR 45: Information Session on the Opportunities and Challenges Raised by Generative AI as it Relates to Copyright; Speakers and Comments

Panel 1: “Practical impact of the growing use of AI in content creation across different sectors. Challenges and opportunities ahead.”

  • Mr. Pablo Vierci, journalist and writer; author of the book “Society of the Snow” and co-screenwriter of the Netflix movie, Uruguay, emphasized the role of copyright in protecting creative works. He likewise discussed how AI can be used to explore and recreate past events and emotions but highlighted the importance of consulting with human sources for accuracy.
  • Mr. Jack Devnarain, actor and Chair of the South African Guild of Actors, South Africa, highlighted the ethical concerns and potential misuse of AI in creating synthetic performances of actors without their consent, and emphasized the need for legal protections for actors’ rights to their image, likeness, and voice to prevent exploitation by AI.
  • Ms. Emi Kusano, multidisciplinary multimedia artist, Japan, shared how AI allows her to explore new narratives and create unique art pieces by generating images based on prompts, stressing that AI should be seen as a tool to enhance creativity and not as a replacement for human artists.
  • Ms. Esther Pizarro, visual artist and Professor, European University of Madrid, Spain, highlighted the need for international regulation to protect the rights of creators and ensure fair remuneration for the use of their works in training AI models.
  • Ms. Giulia Bourguignon Marinho, singer, songwriter and actress, Brazil, shared her excitement about the transformative potential of AI in her work.
  • Ms. Marisa MONTE, singer, producer, composer and instrumentalist, Brazil, joined digitally with a recorded video. She expressed her concerns about AI using artists’ works without authorization and stressed the need for WIPO to protect creators’ rights in the face of AI’s increasing use.
  • Mr. Noam ROUBAH, founder and producer, Darjeeling production company, France, discussed the dual role of AI in audiovisual production: as a creator and as an assistant, and highlighted the importance of transparency in AI training data to ensure cultural diversity and fairness.
  • Ms. Iman Magdy Khamis, Data scientist and Director of the Library, Qatar Northwestern University, Egypt, spoke about the impact of AI on libraries and academic institutions, raised concerns about the ethical use of AI in academic settings, and the need for proper guidelines.
  • Mr. Peter Schoppert, Director of NUS Press Pte Ltd, Singapore, stressed the challenges and legal concerns surrounding the use of AI in publishing, particularly the unauthorized use of copyrighted materials. He advocated for the development of AI models that respect copyright and authorial integrity.
  • Ms. Charlotte Heylliard, Co-Founder and COO of Alien, Alias Studio, France, shared her belief in the positive impact of AI on creativity and draws parallels with the evolution of photography and the music industry.

 

Panel 2: “Enabling Factors for Sustainable, Fair and Beneficial Use of AI in Content Creation for All Stakeholders.”

  • Mr. Roberto Freijat, musician, composer and singer, expressed concerns about  the inequalities between artists and music platforms in terms of compensation, how AI increases these inequalities, and the need for legislation to regulate the use of AI in music.
  • Mr. Duncan Crabtree-Ireland, National Executive Director, Screen Actors Guild-American Federation of Television and Radio Artists, United States of America, stressed the role of related and neighboring rights in achieving fairness with generative AI in content creation and emphasized the importance of informed consent and compensation for performers when their likeness or performances are replicated using AI.
  • Mr. Martín Etchevers, journalist and Institutional Relations and Communications Manager, Grupo Clarin, Argentina, discussed the impact of AI on journalism and the challenges it poses to the sustainability of the creative industry and public trust. He called for clear laws and regulations to protect journalists’ and publishers’ rights and ensure the credibility of information.
  • Mr. Kai Welp, GEMA General Counsel, Germany, discussed the challenges of opting out of AI use due to legal constraints for authors and publishers alike. He shared that authors and publishers believe they should be asked before their works are used for AI training and should benefit financially from it.
  • Mr. Geoff Taylor, Executive VP of AI, Sony Music, United Kingdom, highlighted the issues of unauthorized vocal clones and unlicensed music generative apps, and advocated for licensing principles based on compensation, consent, creativity enhancement, credit, attribution, and transparency to foster a symbiotic relationship between the tech and music sectors.
  • Ms. Ana Da Motta, Senior Manager Digital Affairs & AI, Amazon, Germany, emphasized the importance of responsibility and innovation in AI, saying they must go hand in hand, and discussed the complexities of Text and Data Mining (TDM) exceptions, suggesting the need for interoperable technological systems to collect licenses for datasets with multiple sources.  
  • Ms. Yunyun Diao, Vice President, Legal Department, Tencent Beijing Branch, China, discussed the impact of AI on the creative industry, mentioning the development of Tencent’s AI GC assistant product, highlighted copyright challenges, and cited a case from 2023 where the Beijing internet court determined that AI GC tools are auxiliary creation tools and the content they generate is protected by copyright law.
  • Mr. Jordan Gimbel, Associate general counsel managing the Open Innovation Team, Microsoft, United States of America, addressed the challenges of balancing access to data for AI development with the protection of copyrighted works and advocated for responsible and safe use of AI to benefit creators and communities, emphasizing AI’s potential to enable and boost the creative industries.
  • Mr. Andres Guadamuz Gonzalez, Reader in Intellectual Property Law at the University of Sussex and Editor in Chief of the Journal of World Intellectual Property, Costa Rica, expressed urgency in that the conversation is already many years behind and highlighted the complexities and challenges of applying copyright law to AI and emphasized the need for a balanced and inclusive approach that respects both creators and technological advancements.