During the current Copyright Week, the debate on copyright laws has reached a new level of relevance and intensity, attracting the attention of artists, citizens, and technology experts. This event has highlighted the urgent need to reevaluate the principles that should guide copyright policy, especially in the face of the challenges posed by advances in artificial intelligence.
One of the topics at the center of discussions is the controversial bill known as NO FAKES. This initiative has raised significant concerns among creators and the general public, who fear that its implementation could result in increased censorship and defamation at the hands of AI-generated imitations. Proposed initiatives at the state and federal levels seem to have raised more questions than answers, further complicating the existing situation.
Among the most prominent criticisms of the NO FAKES law is its potential to facilitate censorship. The proposed new legal framework includes measures that would allow digital platforms to avoid liabilities by removing any content deemed unauthorized. This could lead to a practice of self-censorship, where platforms are forced to remove legitimate content out of fear of legal repercussions. Additionally, each unauthorized copy or display of content would be treated as a separate violation, with penalties that could reach up to $5,000 per infringement.
While the legislation incorporates a limit on liability if a platform can demonstrate a reasonably objective belief about the legality of the content, this requirement presents challenges in its real-world application. This raises numerous concerns about freedom of expression online, as well as the ability of creators and activists to share their work and actively participate in public discourse.
Throughout history, the notice and takedown system established by the Digital Millennium Copyright Act (DMCA) has been crucial for the growth of expression platforms. However, it has also been subject to abuses that have led to the censorship of legitimate voices, underscoring the need to review the NO FAKES law. Many experts and critics advocate for the inclusion of more robust mechanisms to ensure proper use of the notification process, especially in an era where digital replicas are increasingly prevalent.
Opponents of the NO FAKES proposal argue that it lacks necessary safeguards and could turn concerns about copyright into an excuse to limit creativity and innovation. Without a legal framework that adequately protects expression on the Internet, a landscape of uncertainty is opened that could discourage creators, especially those with fewer resources, from producing and sharing their work. Thus, the future of digital creativity stands at a crossroads, and the legislative decisions made in this context will have a decisive impact on the direction of artistic expression in the era of artificial intelligence.
via: MiMub in Spanish
