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to produce works that are both original and meaningful. ” 17 Creativity is part of
everyday life, and combines the use of imagination, past experiences and logic to find
new ideas or create new elements. It is not confined to the arts, but spans science,
engineering, literature, business innovation and everyday pro blem-solving. “What
sets human creativity apart from machine-generated output is its subjective depth,
contextual grounding, and capacity for narrative, empathy, and ethical judgement.
Philosophically, creativity is also tied to consciousness and agency. ” 18 Creativity is
more than productivity: it includes emotional resonance, perception, talent, narrative
and the ability to break patterns and engage with uncertainty, skills that can be applied
in all spheres of life and all types of activities. “Human creators make decisions not
only based on data, but also on aesthetics, intuition, memory and emotion. These
factors are deeply embedded in human experience and cannot be replicated by
machines, no matter how advanced the algorithms.” 19 AI is a creative tool; it can be
used creatively, but is not a source of creative soul. 20
10. It is vital to distinguish explicitly and clearly content that is human -driven from
that which is purely synthetic. 21 In addition, it is essential to recognize that purely
synthetic material is not creative, but rather an automatic addition, even when the
quality is very good. AI has also been referred to as “average Internet”, reflecting the
fact that it is not creative as such, but can learn only from what existed before and
infer what will come next based on the most likely (or the most mainstream)
occurrences. Creativity is an indispensable part of the human experience and of
individual and shared identities and cultural resources. It must be firmly guarded.
This can happen only by adopting a human rights, specifically, a cultural rights,
approach.
A.
Undermining human creativity and dignity
11. Using AI tools for creativity-related functions challenges the integrity and
authenticity of human creative expression, thereby putting at risk several dimensions
of cultural rights, not least the right to freely participate in cultural life.
12. Human expression is not understood only as outcomes (a book, a renovated
house, a scientific discovery) but is celebrated as a process of the human mind that
includes conscious decisions and emotional engagement. Writing a poem, composing
a musical piece or cooking a dish are not only about the outcome, but about the
processes that involve part of one’s past, one’s own ideas and the preferences of one’s
family. Such processes say something specific about human beings to the world in a
way that an AI-generated book or musical tune will never do. This calls for reflection
on the need to value and preserve human creativity, which now, more than ever, is
challenged by AI tools. 22
13. The use of AI tools also blurs the distinction between works produced by
humans and those wholly or predominantly generated by AI. In the publishing sector,
for instance, major platforms such as Amazon present AI-generated books as works
by authors, even though they are merely counterfeit or low-quality texts that may
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19
20
21
22
6/21
Submission by Saudi Arabia.
Ibid.
Ibid. See also submission by Guillaume Dumas, Antoine Bellemare, Suzanne Kite and Karim
Jerbi.
Submission by Christian Steinau, Julian Stalter, and Lucas Hagin, pp. 3 and 4, referring to Sean
Dorrance Kelly, “What computers can’t create: why creativity is, and always will be, a human
endeavor”, MIT Technology Review, vol. 122, No. 2 (2019).
Submission by Saudi Arabia.
National Human Rights Council of Côte d’Ivoire.
25-12403