Portugal gathers support from France, Hungary, and Italy in the defense of copyright with the use of AI

France, Hungary, and Italy today supported an initiative from Portugal to safeguard copyright in the use of Artificial Intelligence (AI) in the cultural and audiovisual sectors, aiming for the “sustainability of European cultural and creative industries.”

“During the Council of Ministers of Culture of the European Union and following the debate on the initiative proposed by Portugal regarding the safeguarding of copyright and related rights, the representatives of France, Hungary, Italy, and Portugal jointly emphasized the opportunities and challenges generated by the rapid and widespread adoption of general-purpose artificial intelligence for the cultural and audiovisual sectors, particularly regarding the respect for fundamental rights, especially copyright and related rights,” states a joint statement released at the end of a meeting in Brussels.

“During the public debate, Slovenia, Denmark, Lithuania, Latvia, Germany, Spain, Estonia, Finland, Greece, Cyprus, and Croatia expressed their general support for the initiative,” adds the same document signed by those four countries.
Today, at the meeting of the EU Culture Ministers, Portugal brought up the topic of copyright protection and ensuring transparency within the framework of European legislation on AI.

The country advocates for a review of AI standards to align with copyright law at the European level and the effective defense of creators and cultural diversity.

According to the statement released today at the end of the meeting, these countries advocate for the “sustainability of European cultural and creative industries,” a “concerted approach among member states,” “legal certainty and transparency in the use of data,” and the safeguarding of “fundamental values.”

“Given the technical and legal complexity of the matter, as well as its strategic relevance for the future of European cultural industries, we consider this ministerial approach essential to facilitate a thorough and cross-cutting discussion, allowing for the anticipation of challenges, clarification of positions, and promotion of solid European cooperation in the protection of fundamental rights in the context of artificial intelligence,” they conclude.

Portugal was represented at the meeting by the Secretary of State for Culture, Alberto Santos.

In August 2024, the EU’s AI law came into effect, the first legislation worldwide for this technology, aimed at safeguarding fundamental rights in the community space, but within which only some provisions are already applicable given the two-year adaptation period.

This is the first regulation directed at AI, although creators and those responsible for the development of this technology are already subject to European legislation regarding fundamental rights, consumer protection, and safety rules.

Regarding copyright legislation, it was designed to adapt the rules to the reality of the digital single market in order to create a balance between safeguarding creators and access to content.

In effect since 2019 and transposed in Portugal in 2023, the directive grants press publishers a new related right over their content, holds platforms like YouTube or Facebook accountable for making protected works available without a license, and imposes more transparent rules to ensure fair remuneration for creators and artists.