At national and European level we see solutions emerging to tackle the issue of unfair competition by AI providers, lack of transparency and of remuneration. The approach is similar. CEPIC supports this approach.
In France, a bill establishing a rebuttable presumption of the use of creative content by AI providers is expected to be discussed in the French Senate in April 2026.
Its unique article states (translation by Deepl):"Section 1 of Chapter I of Title III of Book III of Part I of the Intellectual Property Code is supplemented by Article L. 331-4-1, which reads as follows:‘ Art. L. 331-4-1. – Unless proven otherwise, the object protected by copyright or a related right, within the meaning of this Code, shall be presumed to have been exploited by the artificial intelligence system, where evidence relating to the development or deployment of that system or to the result generated by it makes such exploitation likely.’"
The Axel Voss Report on AI and Copyright has chosen a similar approach.
The "French solution"
The French Senate has proposed that a presumption of exploitation of cultural content by artificial intelligence providers should be introduced. This proposal is set to be discussed in April 2026. It follows the French Senate's report on the links between creation and generative AI.
This report proclaims (sic.) ‘not to follow in the footsteps of other powers that have become unfriendly, but to take advantage of ... the quality and diversity of the cultural content to open up a real third way for AI, one that respects both copyright and creation and is attractive for innovation.’
On the one hand, it acknowledges the dependence of AI systems on creative content; on the other hand, it highlights the issue of generated content directly competing with the content that fed it, which is unfair. It sets out eight principles that should be adhered to, including the remuneration of authors and the transparency of data. It proposes a graduated response: First, consultation between AI providers and cultural rights holders. If this fails, a Senate bill will be tabled to implement a presumption of use of cultural content by AI providers. If this also fails, a tax will be introduced on the turnover generated in France by AI providers and deployers, in order to compensate the cultural sector.
As consultations between AI providers and the cultural sector have failed, a bill has been tabled to establish a presumption of use of creative content by AI providers.
A European approach ?
The Voss Report on copyright and AI comes to the same conclusion, albeit via a different route. It notes that the transparency obligations proposed by the EC have failed because they do not give rights holders a feasible way to enforce their rights. In light of this, lacking "full transparency" the only feasible way to rebalance the relationship between the creative and media sectors and AI providers is to introduce an irrefutable presumption of use and a remuneration obligation. Although non-binding Parliament resolutions often inform subsequent Commission legislative initiatives and Member State position.
"Further recommends that such assessment aims to uphold a framework in which fair remuneration mechanisms enable the generation of the resources needed for European artistic and creative production to thrive in the context of AI-driven global transformation."
"Calls on the Commission to propose the establishment of an irrebuttable presumption that, for any general-purpose AI (GenAI) model or system placed on the Union market, works and other subject matter protected by copyright or related rights have been used for its training where the statutory transparency obligations set out in this resolution have not been fully complied with; further recommends that, where a rights holder succeeds in legal proceedings either on the basis of this presumption or through submitted evidence, any reasonable and proportionate legal costs and other expenses incurred in enforcing such rights shall be borne by the provider of the AI model or system."