Decrypting AIDA: the Artificial Intelligence and Data Act from an Arts and Cultural Perspective.
Pending adoption of Artificial Intelligence and Data Law (Bill C-27), Canadian courts will soon enough be the judges of what constitutes an “artistic” use of citizens’ personal data (pending a case being brought before them).
The definition of what is, or is not, art, and who is, or is not, an artist, determines who has access to funding and recognition. According to the Bill C-27, it also determines who can collect (and monetize) citizens’ personal data without their consent. Indeed, Part 1 of the Law reiterates an existing exception in PIPEDA “An organization may collect an individual’s personal information without their knowledge or consent if the collection is solely for journalistic, artistic or literary purposes.”
In recent years, the lines have blurred between what is journalism, art, and literary media. Documentary meets immersive interactive spaces where biometric (sensitive) data can be collected and shared globally in a split second on social media platforms. Monetization of data is common practice in fast-growing digital economies. With this context in mind, the definition of art, or more specifically, the definition of “artistic purpose” in the context of the proposed AI and Data Law takes on new levels of criticality.
Still today, the definition of art carries the effects of a sexist and colonial history, and artists who fall outside of recognized and valued art forms suffer significant socio-economic impacts. Jurisprudence defining the exception is scarce and the boundaries vary depending on the case. In one case, CBC supported Google’s claim that it was protected by the journalistic exception (they lost), and in another, seismic data was recognized as “art work.” Therefore, discussions about the implications of Bill C-27, of the exception “for artistic purposes,” are critical for the arts and culture community. These discussions could lead to useful guidelines or policies ensuring sustainable value creation for all artists, cultural works and creative leaders. Reflecting on these issues, together and now, is a proactive action towards gender reconciliation and equity in the digital economy.
Understanding the implications of the proposed AI and Data Law will, among other things:
Define in which situations a curator, artist or organization will be able to take advantage of this exception for artistic, cultural and museum productions;
Analyze cases of application of the law and understand the legal and social responsibility related to this exception;
Explore the feasibility of new business models adapted to an exponentially growing digital economy;
Plan the organizational governance and operationalization of the law as well as the framework of new fields of practice (public policies in the cultural sector);
Align the regulations that will follow with the realities and wishes of the sector, with Cultural Intellectual Property, and with the international laws of our economic and cultural partners (notably the European Union’s (EU) AI and data law).
Inform interventions of art organizations in cases where the law would be discussed in Court.
Explore new business model opportunities and link with the feasibility of data collaborative (data trusts, data partnerships, etc.) frameworks.
For these reasons, the AI Impact Alliance held its first workshop covering these questions September 8, 2022, and the outcome is mind-blowing. A summary of the observations and outcome of our discussions will be shared soon. Report can be found here (French only).
I was invited to hold a workshop for a non-profit that represents the interests of illustrators to discuss the impact of text-to-image platforms like Open AI on illustrators’ livelihoods, and I hope to hold more workshops across Canada. Please contact me v.goddard@allianceimpact.org if you’re interested in sponsoring or co-organizing one in your community.
AI Art as part of AI ethics research on gender and cultural bias, cultural appropriation, value creation for artists, by…myself and various text to image generation platforms (Craiyon, Dall-e and Photoleap mostly). First pic was prompted to adopt an Alice Neeel style, middle pic an Amy Sherald style, and last one adopted a Georgia O’Keefe style without prompt, I’m guessing because of the rest of the prompt related to feminist art — a smart choice by AI. While you’re hear, check out PearAI.Art!