Today, France, Hungary, and Italy endorsed a Portuguese initiative aimed at protecting copyright in the realm of Artificial Intelligence (AI) within the cultural and audiovisual sectors. This effort seeks to promote the sustainability of Europe’s cultural and creative industries.
According to a joint statement issued following the recent Council of Ministers of Culture meeting in Brussels, representatives from France, Hungary, Italy, and Portugal highlighted both the opportunities and challenges that arise from the rapid adoption of general-purpose AI in these sectors. They particularly noted the importance of upholding fundamental rights, including copyright and related rights.
The statement also mentioned that Slovenia, Denmark, Lithuania, Latvia, Germany, Spain, Estonia, Finland, Greece, Cyprus, and Croatia expressed their overall support for the initiative during the public debate. Portugal raised the issue of copyright protection and emphasized the need for transparency in the EU’s legislative framework on AI.
Portugal is advocating for a review of AI standards to ensure they are consistent with European copyright law and to effectively protect creators and promote cultural diversity.
The collective statement from these nations stresses the importance of “sustainability in European cultural and creative industries,” a “coordinated approach among member states,” “legal certainty and transparency in data usage,” and the preservation of “fundamental values.”
Given the intricate technical and legal nature of the issue, along with its strategic importance for the future of European cultural industries, they believe that this ministerial approach is crucial for fostering comprehensive discussions, anticipating challenges, clarifying national positions, and enhancing European cooperation in safeguarding fundamental rights amid the rise of artificial intelligence.
Portugal was represented at the meeting by the Secretary of State for Culture, Alberto Santos.
The EU’s AI law, which came into force in August 2024, is the first legislation of its kind globally, aiming to protect fundamental rights within the EU. However, only certain provisions are currently applicable, as a two-year adaptation period is in place.
This regulation marks the first specific legal framework for AI, although creators and developers of this technology are already governed by existing European legislation concerning fundamental rights, consumer protection, and safety regulations.
With regard to copyright laws, these were designed to adapt to the realities of the digital single market, aiming to strike a balance between protecting creators and providing access to content.
In force since 2019 and implemented in Portugal in 2023, the directive grants press publishers a new related right over their content, holds platforms like YouTube and Facebook accountable for making protected works available without a license, and introduces clearer rules to ensure fair compensation for creators and artists.
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