Regulation of AI is not a hindrance to innovation

This comment was featured in Børsen on February 19th.

Artificial intelligence, and especially what is known as generative AI, has taken the world by storm and has quickly become an integral part of numerous work processes as well as everyday activities. And for good reason: Artificial intelligence has proven to be a fantastic helper! It makes much of our routine work easier. It guides us when we need to find direction. It defrosts the brain when it freezes, and gives us a creative edge that for many of us would have remained dormant deep within the body.

However, the fascination with AI's many possibilities must be set aside for a moment, and the focus must shift. The AI market is currently like the Wild West, posing a real threat to the economic and legal foundations of the art and culture sector. Without the right legal frameworks as soon as possible, we risk removing the human element from the creation of the most human thing we have: art and culture. In our eagerness for innovation and development, we put the soul of society at risk.

Not a hindrance

One of the most important tools to prevent a future where our culture is primarily shaped by foreign algorithms and codes is balanced copyright legislation. Strong copyright laws have historically been the foundation for innovation and cultural diversity in Denmark and Europe, while also cementing the basic human rights of creators and ensuring that artists and entrepreneurs can live off their work. The Danish rights systems are particularly noteworthy because they ensure, through collective management, that there is easy and legal access to protected works, while artists—both large and small—receive uniform treatment when their materials are used. The same will also apply to both large and small AI providers.

Nevertheless, big tech and their advocates will undoubtedly play the same old tune when we discuss how AI should be regulated. Creative and performing artists are repeatedly met with the argument that regulation risks stifling innovation. The latest example was the major battle over the EU's Copyright Directive, where opponents' scare campaigns claimed that the directive would undermine the internet and hinder artists and innovation. None of these scare scenarios came close to reality—quite the opposite. The power and opportunities for innovation in the digital sphere—both for individual users and larger companies—are likely greater today than ever before.

If the defense of copyright in itself is not convincing enough, let's delve into the history of innovation in Denmark: It is, among other things, with the support and backing of strong copyright and other intellectual property rights that Denmark today is known worldwide for its design classics such as the Y-chair, PH-lamps, The Egg, The Swan, and I could go on. That's why people from all over the world build with Lego bricks. That's why Novo Nordisk has become a global success. That's why, as a small country, we are internationally recognized for our art and culture.

So no, regulation is not an obstacle. It is our safety belt, limiting the risk of damage when new technology, like artificial intelligence, really steps on the accelerator. It is a necessary shift in gears, so the vehicle doesn't spiral out of control.

Go further

Therefore, the rights industry is speaking up in the debate on the regulation of artificial intelligence. Not because we want to slow down innovation, not because generative AI should be shut down, but because there is a need to take control of the new technology. Because we want technology to serve artists and culture, not the other way around.

And even though the European Parliament has taken the first steps in the right direction by starting legislative work for artificial intelligence, we would still like to emphasize that it is necessary to go further than that.

Based on a desire to ensure innovation, cultural development, and a sustainable future for the 'authentic' and human artistic expression, we, along with 23 other Danish rights holder organizations, have sent a joint statement to the Ministry of Culture urging them to focus on five principles when hopefully initiating the regulation of artificial intelligence soon: Support human creativity; Transparent and responsible practices from AI services; Adequate enforcement opportunities; Use of protected content should require consent; and Sufficient protection against imitations.

If these principles are followed, and we base our efforts on the desire to create a balanced copyright legislation, we as a society can ensure the necessary trust between the technology sector, the cultural industry, and the rest of society.

Gorm Arildsen
Director of Koda