Collective Opt-Out Pictoright affiliates
Pictoright uses the option of making a rights reservation within the purposes of Article 15o Copyright Act and Article 4 DSM Directive. Pictoright believes that prior permission is required for text and data mining or any other use of works from Pictoright’s repertoire by entities developing artificial intelligence tools for non-scientific purposes.
Pictoright has recently been considering a strategy towards generative artificial intelligence, partly based on the survey it conducted among its affiliates in late 2023, the results of which are yet to be published. Pictoright does not intend to oppose the development of artificial intelligence. Artificial intelligence offers creative opportunities for visual creators, who use it as a fresh tool in their production. However, for visual creators represented by Pictoright, it is essential to maintain control over their work and be able to receive a fair remuneration for the use of their work being used for AI training purposes. Exercising a collective opt-out should allow visual creators to potentially achieve such compensation on a collective level. With this collective opt-out, Pictoright thus aims to contribute to a sustainable and sound balance between the rights of the authors Pictoright represents and the development ambitions of artificial intelligence players.
“Pictoright, on behalf of the visual creators whose relevant intellectual property rights are managed by her, expressly reserves the rights to reproduce and/or otherwise use the copyright protected works created by these creators, in any manner for purposes of training artificial intelligence, including but not limited to (commercial) text- and datamining in the sense of article 4 of the CDSM directive and article 15o of the Dutch Copyright Act.”