AI: exercise your right to opt-out

As we've already mentioned, generative artificial intelligences use training data to produce images. This training data, which AIs harvest and analyze, is the raw material that enables them to know how to respond to their users' "prompt" requests. It enables AI systems, through experience and exposure to examples or counter-examples, to know what to produce when asked for an image of a cat, a car or any other more complex visual. This training data is made up of all the images on the Internet, including your own photographs, which can be used with impunity by AI systems, since European regulations now authorize this "data mining".

It is not certain that the legal status quo (use of copyrighted content without authorization and remuneration) will persist for very long. However, as regulations evolve slowly, it is important to guard against abuses on the basis of constant law, while waiting for the texts to be amended. However, the directive authorizing data mining by AI systems has enshrined an exception: the right of authors to exercise an opt-out right, i.e. a right to expressly prohibit the use of their content by AI systems.

ADAGP has published a small booklet explaining how to exercise this right on its website. It is available here: https: //res.cloudinary.com/void-sarl/image/upload/ADAGP_Guide_OPT-OUT.pdf

Meta (facebook, Instagram) has chosen to open a platform for its users who want to exercise their right to opt out. Don't hesitate to exercise your right!

On instagram, from your account, go to the "about" page, then "privacy policy". At the very top of the page, you'll find an insert stating: "We're updating our privacy policy to include how we use your information for AI at Meta. learn more about your right to opt out." on this text, click on "right to opt out. You will be redirected to the opt out form. Indicate in the boxes provided that, as a content creator, you wish to exercise your right to opt out under the DAMUN directive and the IA Act, and that you refuse all use of your content by Meta Group sites, platforms and tools.

On Facebook, the form was until recently located on the "settings and privacy" > "settings" > "privacy policy" page. It is currently unavailable, but discussions are underway to bring it back online as soon as possible.

We will keep you informed of other available options that may be implemented.