CDCE Recommendations on Generative AI and Copyright in the Creative Sector
“When used responsibly, AI can provide tremendous value to the creative process. However, when used irresponsibility, AI has the potential to seriously undermined and damage the cultural sector and the diversity of cultural expressions in Canada, and around the world.”
In January 2024, the Coalition for the Diversity of Cultural Expressions (CDCE)—of which BIPOC TV & Film is a member—submitted a brief to Innovation, Science and Economic Development (ISED) Canada and Canadian Heritage to present recommendations in response to a consultation on copyright law in the age of generative artificial intelligence.
Recommendation 1: That the Government neither amend the current exceptions to include TDM (Text and Data Mining), nor implement new exceptions for TDM.
Recommendation 2: That Generative AI platforms be required to comply with transparency requirements, including, but not limited to:
publishing records of the copyright-protected works, sound recordings and performances that were ingested into the platform;
designing the model to prevent it from generating illegal or infringing content; and
disclosing that the output produced by the system was generated by AI.
Recommendation 3: That the Government not amend the Act to afford copyright protection to AI-generated content.
Recommendation 4: That performers’ performances remain fully protected under the Copyright Act, including when the content is performed is AI-generated.
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Take a Deeper Dive
[CDCE]: Bill C-27 on Artificial Intelligence and Data: The CDCE presents requests to protect the Canadian cultural environment - Read the Brief (March 14, 2024)
[Edwards Creative Law - Blog]: Generative AI and Copyright Protection – Part 1 and Part 2
[Fasken]: The Canadian Government Launches Public Consultation on AI and Copyright
[The Conversation]: Generative AI is a minefield for copyright law