A/80/278
24. It is a matter of urgency that clear and effective limitations be created for
companies with respect to data sourcing. In the absence of effective protection,
creatives have embedded in their works invisible modifications known as “filters” or
“algorithmic camouflage” to prevent AI systems from learning from them. 41 But these
measures cannot be the way forward. Users of AI systems must be able to understand
how they are developed, including the sources of data, the methods of training, the
actors involved and the intended uses. Transparency across the entire AI life cycle
and standardized protocols to effectively implement an opt-in model on the Internet
must be put in place by States. A collective compensation fund, financed by a tax on
the revenues of large AI platforms, or harmonized standards in accordance with
legislation, as developed in the European Union by the European Committee for
Standardization and the European Committee for Electrotechnical Standardization,
would also be solutions. 42 There is an urgent need to act to protect cultural rights from
uncontrolled data grabbing. There is no time to continue with mere reflection on these
issues, nor time to plan lengthy and complex reforms. 43
C.
Undermining cultural diversity
25. In promoting only the creative forms that will sell, AI restricts cultural diversity
and promotes homogenization. AI models remain fundamentally designed to
reproduce statistically average patterns from their training data, reinforcing the most
common styles. “AI systems trained on dominant cultural inputs tend to reproduce
dominant aesthetics. The effect is subtle but significant: over time, global platforms
begin to favour homogenized output, marginalizing regional, Indigenous, or
non-Western modes of expression.” 44 This leads to the standardization of creativity.
In addition, the average patterns easily promote pieces that defy the search for quality
in art. The quality gradually and continuously falls as successive generations of AI
are trained on the previously average content, intensifying the standardization of
styles and ideas and further reducing originality and diversity. The same can be said
of redirection by AI towards conformity with the mainstream, which reduces the
prevalence of non-mainstream opinions. 45 In parallel, reducing the range of diversity
to which people are exposed also weakens their ability to compare and appreciate a
range in quality; as a consequence, their freedom to know and to choose is also
significantly reduced.
26. The extremely rapid development of AI systems that generate text, images,
videos and music accelerates this downward spiral of quality in creativity. AI tools
adapted to specific forms of human creativity struggle to reproduce the nuances and
variations that artists introduce into works. In Indian classical music, the microtonal
variations known as shruti and raga cannot be reproduced by AI tools such as
GaMaDHaNi and NaadSadhana, thus failing to capture the emotional essence and
depth of what artists are trying to convey through the art form. The widely popular
dance form from Tamil Nadu has its own set of codified gestures and rhythmic
sequences that become a struggle for AI models such as Natya.AI. AI robs the dance
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43
44
45
10/21
Submission by Benjamin Harbakk, p. 6.
Submissions by Pau Aleikum Garcia of Domestic Data Streamers, p. 3; the Alan Turing
Institute, p. 4; and the Writers’ Guild of Great Britain, p. 2.
Submission by Bureau Malien du Droit d’Auteur, p. 1.
Submission by Davar Ardalan and Amir Banifatemi, p. 2.
Daragh Murray and others, “The chilling effects of surveillance and human rights: insights from
qualitative research in Uganda and Zimbabwe”, Journal of Human Rights Practice, vol. 16,
No. 1, 31 July 2023.
25-12403