The Polish Chamber of Publishers (PIW) calls for the introduction of an arbitration mechanics in conflicts concerning the usage of publishers' content by generic algorithms of artificial intelligence. This proposal came during a gathering of creative environments with Maciej Wróbel, State Secretary at the Ministry of Culture and National Heritage.
The gathering aimed at gathering proposals for improvement of copyright and related rights from manufacture organisations. These actions are part of the preparation for the formulation of the Polish Government's position before the forthcoming EU update of the DSM Directive. The Polish Chamber of Publishers was represented by Dr Damian Flisak, advisor to Lubasz & Partners and expert on the law of fresh technologies.
The opt-out mechanics is not enough
A key call for PEW is to make a procedure to facilitate the resolution of disputes over the usage of publishers' materials to train AI models.
Currently, after the implementation of the DSM Directive in Poland, the usage of copyright-protected content by commercial algorithms is allowed unless the owner of rights has withdrawn his consent. Withdrawal of consent requires a reservation opt-out in the field of text and data exploration (Text and Data Mining).
According to Dr. Damian Flisak, the reservation itself opt-out It's not enough. There is simply a request for arbitration in cases where technology companies ignore publishers' opposition. The governing body could be the president of the Office for Electronic Communications – analogous to the solutions utilized to find remuneration for utilizing press content.
The expert points out that it would be a good solution to clarify the rules so that the AI can train only on content made available on the network legally and the reservation opt-out did not should be limited to files of kind only robots.txt. However, we will not know the final form of the changes until the EU is working on the revision of the directive.
Protection of editorial negotiating position
PAW besides seeks to strengthen the negotiating position of publishers in relations with technological giants, both in terms of compensation for their work and in training AI models.
It is worth noting that in May this year the Court of Justice of the European Union confirmed that associate States have the right to introduce specified protective mechanisms due to the gross asymmetry of forces in negotiations with the companies.
The consultation organised by the Ministry of Culture was besides attended by another manufacture organizations, including the Guild of Polish Screenwriters, the Polish Association of Montażists, and the Dubbingows Trade Union.
