Just days before the review of the bill establishing a presumption of exploitation of cultural content by AI providers, the opinion of the Council of State (requested by the President of the Senate a few weeks ago) was made public this Monday, March 23.

This opinion is unequivocal: it confirms that the bill complies with the Constitution as well as European law, and that it applies to both European and non-European actors. While highlighting the absence of legal obstacles to adopting this text, the Council of State also makes useful recommendations. (...)

Unanimously supported by all cultural sectors, this bill pursues a major objective: to rebalance the power dynamic between rights holders and tech representatives, in order to facilitate the emergence of a voluntary licensing market that would enable control over the use of protected content. This legislative initiative makes such a prospect credible, unlike a compensatory contribution system, whose implementation appears entirely unrealistic and would only add uncertainty to confusion, by violating intellectual property law and bypassing the principles of authorization, remuneration, and transparency enshrined in European legislation. (...)