Presumption of Use: Opponents Still Struggle to Propose an Alternative

As the National Assembly prepares to debate the Darcos bill, criticism of the presumption of use of works is mounting. However, when examining the arguments put forward by AI developers, one thing becomes clear: none of them explains what alternative mechanism a rights holder could use to prove that a work was used to train an AI model.
The June 25 deadline for the call for contributions launched by the European Commission on the future revision of the European copyright framework offers an interesting perspective on the French debate regarding AI and protected works. As the National Assembly is set to review the bill proposed by Laure Darcos, the contributions from key representatives of the AI industry help highlight the dividing lines already emerging in Brussels and assess the developers’ arguments.
At the European level, CCIA Europe and other organizations are challenging the presumption of use. In France, Emmanuel Macron went so far as to describe the proposed law as “idiotic.” However, neither the submissions to the European Commission…