Back on our latest Iapéro at the Plaine Images, a monthly event designed by and for professionals in the cultural and creative industries.
Between video generation and regulation, this meeting was an opportunity to discover a project incubated at the Plaine Images which uses artificial intelligence to help the production of audiovisual content, but also to rebuild on protection regulations intellectual.
We therefore gathered around the Julien Frisch table, former incubated, consultant in AI, and one of the Bpifrance referents for the IA Booster France 2030 , Olga Tarasova, entrepreneur in creative AI and CEO of Ai Lumiere , Claire Cacquant, co -founder of Your Legal Angel and Mathieu Bouillon, founder of freestands and specialist IA & right.
How to balance generative and respect for law?
In the absence of precise legislation on the use of artificial intelligence, rules of common sense valid for any creation apply. Let's take a little test:
If you produce content for a client:
- Make sure your creations do not exist elsewhere?
- Are you clear on the modes of transfer of the rights of your creations?
- Do you know the risks in the event of counterfeiting, or if your customer is attacked?
- Do you have professional civil liability insurance?
If you call on providers: look at their general conditions of sale carefully?
If you answered yes to all these questions, then, good news, you already know how to work with generative AI!
The traditional rules of intellectual property apply
To put it simply, all the constraints you have in mind during your “traditional” creation processes are the same. Consider artificial intelligence as a provider, and apply the same common sense rules.
Small summary of the points of vigilance to respect:
- Anteriority : we make sure that his creations do not exist elsewhere.
- The sale of rights : we inquire about the modes of transfer of the rights of our creations.
- The customer contract : we are attentive, especially on risk clauses.
- Insurance : professional civil liability insurance is of course an essential
- Providers : We are vigilant on contracts with its providers.
A new rule is added to these traditional rules of intellectual property, in order to adapt to new uses incorporating AI: documentation .
Documentation, essential reflex
As we know, the field of creation backed by artificial intelligence is still in full upheaval. And the law will, as usual, adapt to use. The most judicious council that Claire Cacquant delivers is as follows: Document all its IA creations. In fact, this consists in archiving all of its prompts and its creative processes using AI:
keep all your prompt in a documented file, take the screenshots of your conversations with AI to accumulate as needed to accumulate evidence of your creative process. These elements will be able to protect you in the event of legal assignment.
Take a simple example: it is probably very risky in terms of intellectual law, to ask a generative AI to create an image of Hermione Granger, a deposited character. On the other hand, you can ask the AI to create the image of a young schoolgirl with curly red hair and freckles, in British school costume with his red badge on the front, holding a wand in his hand .
The image will probably be significantly the same, but the legal risk incurred becomes zero. It is up to you to prove that your prompts were within the limits of intellectual property.
Where is the legal framework for generative AI?
Take a little height by recalling the three levels of legal protection in terms of intellectual property, and its applications with artificial intelligence.
3 legal pillars are to be observed in intellectual law:
The protection of fundamental rights
It is reflected in ACT, adopted by Europe in July 2024. It is the first regulation in the world which guarantees the protection of the fundamental rights of people, to protect democracy, health and the environment. Peel-mell: Prohibition of biometric categorizations according to political, religious, philosophical opinions, sexual orientation or ethnicity, civic notation systems, mass monitoring to create facial recognition databases, Recognition of emotions, etc.
The protection of fundamental rights
It corresponds to intellectual property: how I protect my creations, how third parties protect their own, and how to protect myself if you aspire my data. On this part of the law, legal battles are underway, especially in the United States. In summary:
- Learning language models works like a black box at the moment. The training of the model is not reprehensible in itself, but it is on this point that the trials are concentrated. The legal flaw is very tenuous since training is done thanks to robot scrolls on the internet, which search engines like Google are constantly to index the web, without this activity being reprehensible.
- However, the generation of content must respect copyright and is not protected by copyright.
- If retouching or modification of the content generated , the work becomes protectable because there is human work on it.
GDPR
The General Data Protection Regulations rule on the management of data processing in Europe. On this level, it becomes more complex since many languages of languages are outside Europe. The question to have in mind is therefore to wonder where your data is going, as soon as you send a quick to an LLM server!
- Are your actions to train the model? If you are using Chatgpt in free version, you train with each of your actions. In a paid version, you must uncheck the option via a slightly hidden opt-out. For Mistral, you have to send an email. Each service has its own system, it's up to you to look for the answer to protect yourself.
- Is the LLM server in the European Union? This question becomes crucial in the event of sensitive data, the EU having more protective guarantees for the beneficiaries.
In summary, to be “compliant GDPR”, the actions must not lead the model and that the servers of the model are in the European Union.
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