The European Commission-appointed expert group published the latest draft of the Code of Practice (CoP) on General-Purpose Artificial Intelligence (GPAI) this week, sparking renewed concerns from the tech sector and rights-holders. The final version of the CoP, aimed at ensuring compliance with the EU’s AI Act, is expected in May, with feedback on the current draft open until 30 March.

The CoP outlines rules for AI providers, including transparency, copyright compliance, risk assessments, and mitigation measures. However, industry representatives argue that the draft fails to address key issues, particularly around copyright and transparency. Boniface de Champris of tech lobby group CCIA highlighted “far-ranging obligations” that could threaten trade secrets and impose “burdensome external risk assessments.” He added that the draft “continues to fall short of providing companies with the legal certainty needed to drive AI innovation in Europe.”

Elias Papadopoulos of DOT Europe noted some improvements but criticized provisions like mandatory third-party risk assessments, which exceed the requirements of the AI Act. Meanwhile, Iacob Gammeltoft of News Media Europe warned that the draft “raises serious questions about whether no code is better than this code,” citing unresolved copyright issues.

Rights-holders have long argued that the CoP contradicts copyright law, with News Media Europe emphasizing that AI companies must ensure lawful access to content, not just make “best efforts” to avoid unauthorized use.

From a fundamental rights perspective, Laura Lazaro Cabrera of the Centre for Democracy & Technology Europe expressed disappointment, stating that the draft leaves the mitigation of serious risks as optional for AI providers.

The expert group, which includes stakeholders from the EU, US, and Canada, has extended deadlines to incorporate feedback, with over 1,000 participants contributing since September. The final CoP could be formalized under the AI Act, which takes full effect in 2027.

As the debate continues, the European Parliament is also scrutinizing the intersection of AI and copyright, with German lawmaker Axel Voss preparing a report on the issue.

The tech sector and rights-holders await further revisions, hoping for a balanced framework that fosters innovation while protecting intellectual property and fundamental rights.

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