Creators vs AI: the Senate reviews a bill to rebalance power

The Senate is reviewing in early April a cross-party bill aimed at regulating the use of cultural content by artificial intelligence providers. Submitted on December 12, 2025 by several senators, the text was examined in committee on April 1 and will be discussed in a public session on April 8.

To function, generative AIs (such as those that produce text or images) must be trained. In practice, they analyze massive amounts of content available online to learn how to write, draw, or compose. In this context, creators (journalists, authors, artists…) have long pointed out an issue: their content is used without them being paid—or even informed. This constitutes a serious obstacle to the fundamental principle of intellectual property, which allows them to protect their works and earn income from them.

Today, if they want to be paid, these creators must prove that their works have been used by AI. In practice, this is almost impossible since AI companies do not precisely disclose the data used for training.

What the law would change

The key point is as follows: AI companies would be considered, by default, as using protected works (articles, books, images, music...) to operate their tools. It would be up to them to prove otherwise if they do not want to pay. By reversing the burden of proof, the authors of the bill aim both to facilitate compensation for creators and to impose greater transparency on AI players. They also hope to encourage negotiations between platforms and rights holders.

In an opinion issued on March 19, the Conseil d’État deemed the measure compatible with the Constitution and European law, subject to a few adjustments. This position has been welcomed by several organizations representing cultural sectors. If adopted, the law could require AI companies to detail the content used and to pay for those protected by copyright, under penalty of disputes.

The debate, however, takes place in a context of deadlock at the European level, where discussions around regulating data usage by AI systems are struggling to succeed. The Senate thus intends to act at the national level to influence the balance of power.

References:

• CBNews

  Presumption of exploitation in AI: creative sectors welcome the Conseil d'État's opinion

• L'Usine Digitale

  A bill aimed at establishing a presumption of exploitation of cultural content by AI providers soon to be examined by the Senate

• National Assembly

  Bill relating to the establishment of a presumption of exploitation of cultural content by artificial intelligence providers