AI & creative industries: Panic or Celebrate? - [Episode 3/4]

AI and creativity: an omnipresent subject, between conferences, summits and debates where everything and its opposite clash. In this hustle and bustle, I prefer to rely on science—cognitive psychology, neuroscience, sociology of technology—to go beyond opinions and get back to the facts.

Here is episode 3 out of 4, where we explore the legal dimension of creativity through artificial intelligence: potentially a real limit in the AI x Human match.

Missed the previous ones? Find episode 1 on the scientific bases of creativity and episode 2 on the “average” effect (see at the bottom of this article).

Another limitation: the legal subject?

As we said, the strength of AIs is their ability to train on a vast body of data, impossible to examine quickly and effectively by a human brain.

The other problem (bulwark?) comes precisely from this corpus. That is the very strength of the AI tool.

It is the question of the appropriation of cultural and creative data.

Law and ethics researchers, such as Luciano Floridi (one of the most important theorists of information philosophy and computer ethics) point out the dangers of unethical exploitation of data.

If AI uses existing cultural works without compensation or recognition, this could lead — according to some specialists — to a form of digital cultural colonization, where big tech companies exploit diverse knowledge and art. Indeed, a large part of this data comes from past creations, which are often the result of collective cultures and heritages.

In fact, no consent has been obtained so far. Hence the rise of questions about the appropriation of data without compensation. This is valid in all artistic fields: music, visual arts, design, literature, architecture, etc.

And if I cited the example of luxury in episode 2, in this specific case it is the media industry that is in the forefront, an industry for which I have spoken on multiple occasions as a creativity speaker and an innovation speaker.

In this industry, there is a very particular love and hate game that blurs the waters even more.

At the same time that OpenAI and Google are calling for a relaxation of copyright in the name of “Make use of”, arguing that Chinese competition (with DeepSeek), imposes this choice to stay ahead of the American technology...

The example of the media: I don't love you either

At the end of 2023, the Axel Springer group announced the elimination of several production positions within Bild and Die Welt, focusing on automation to refocus activity on journalistic creation. At the same time, numerous French newspapers, such as 20 Minutes, La Provencee, Center France and South West, went through a difficult year 2024, facing economic and structural challenges.

If Microsoft and OpenAI want to use our work for commercial use, the law requires them to ask for permission first

In 2023 and 2024, the New York Times has sued OpenAI and Microsoft, accusing them of copyright infringement. The newspaper estimates that the use of its content by ChatGPT represents billions of dollars in damages and requires that these companies seek authorization before commercial exploitation of its articles.

” If Microsoft and OpenAI want to use our work for commercial use, the law requires them to ask for permission first ”, denounced a spokesperson for the American newspaper.

An estimated damage of” several billion dollars ”

And yet, at the same time...

Agreements are beginning to emerge between AI and media groups. Principle of reality obliges...

OpenAI has signed a partnership with the same Axel Springer, guaranteeing him remuneration in exchange for integrating his content into ChatGPT's responses.

Users asking a question to ChatGPT will receive summaries of articles published by Axel Springer's brands in response, including Politico, Business Insider, and the daily newspapers Bild and Die Welt.

Likewise, in March 2024, Le Monde and Prisma Media have entered into a similar agreement with OpenAI, allowing the use of their publications to train the model and provide users with up-to-date information.

The case of the media, emblematic of the challenges for all industries

The case of the media is specific: it is the case of an industry that is widely questioned in its fundamental value proposition today, in its very originality — and therefore in its “creative” part. With financial difficulties that make the showdown all the more difficult.

But what the press is experiencing must be a subject for reflection for all industries with a creative dimension, where originality is at the heart of the value proposition. These industries need to quickly think about the impact of AI on their cultural legacies and how they will protect their creations from commercial exploitation without proper recognition.

Episode 4: How to increase creatives without replacing them (coming soon)

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This article is the 3rd in a series written in early 2025 devoted to the AI x Human match on the subject of creativity. If you missed an episode, find them below

Episode 1: The scientific components of creativity

Episode 2: Average effect and risk of homogeneity