Generative AI Systems: Impacts on Artists & Creators and Related Gaps in the Artificial Intelligence and Data Act

Abstract

This brief describes a type of artificial intelligence (AI) system commonly known as generative AI systems and explains the impacts that generative AI systems are currently having on Canada’s artists and creators. Canada's proposed Artificial Intelligence and Data Act (AIDA) contains five significant gaps related to those impacts, and this brief makes five corresponding recommendations to address those gaps. In summary, the five recommendations are: (1) Remove AIDA from the legislative agenda until adequate public engagement on generative AI and AI legislation, regulation, and standardization has been conducted. (2) Launch national public information campaigns and consultations on AI to build public awareness of AI policy issues and to gather more detailed information about the impacts of generative AI systems. (3) Amend a future version of AIDA to include stronger enforcement and public oversight mechanisms, including: proactive powers to investigate for-profit and non-profit entities; targeted prohibitions, restrictions, and deletion orders; mandates for independent regulatory oversight and periodic public consultation. (4) Allocate resources to strengthen the AI policy capacities of federal institutions, including but not limited to Innovation, Science and Economic Development Canada. (5) Mandate federal departments and agencies to coordinate on AI regulation, and extend co-regulatory activities into civil society. This brief was submitted to the Canadian Parliament's Standing Committee on Industry and Innovation (INDU) on June 5, 2023.

Keywords: Artificial intelligence, generative AI, AI policy, AI governance, AI ethics