A Principle of Artistic Data Sovereignty: Linking Creative Reuse to Author Remuneration

It would appear that creativity, as we know it, is facing extinction. Countless headlines obsess over the threat of AI-generated content to human authors as the extended copyright system grapples with the best regulatory approach. Yet, the relationship between technology and copyright law has always questioned the normative value and status of authors within the copyright system, particularly the inclusion of creative users. Today, this extends to the use of AI systems for creativity which continues to challenge the boundaries of authorial control over works.

A creativity-forward approach is vital. It starts from a foundation that authorship inherently comprises creative reuse. In the context of AI-generated content, this requires a balance within the creative process: authors must be remunerated for use of their works and access to AI systems for creativity, safeguarded. One way to structure this balance is to view authors’ works, and indeed the training data intput, as artistic data. This would affirm the artistic autonomy of creators, both authors and users, but also fundamentally provide a more flexible framework to ground authorial remuneration rights for creative reuse.

This framework comprises 3 parts, adopting a European lens to generative AI and creativity. Firstly, generative AI as a creative practice is located as part of a much broader dialogue of creative reuse. Secondly, the lens of artistic data sovereignty can empower authors and support new technological creative practices, specifically generative AI. Thirdly, a remuneration right should flow from artistic data training use, drawing inspiration from data trusteeships. The hope is that a more comprehensive perspective on the relationship between authors’ works and AI training data will forge a new outlook on the value of creativity when confronted with new technology that has the potential to enhance creative practices.