National Assembly Delegate: Vietnamese artists cannot be allowed to become free data providers for AI

Don't let artists' voices and images be copied by AI

On the morning of November 5, discussing in groups about the draft Law amending and supplementing a number of articles of the Law on Intellectual Property, delegate Bui Hoai Son (Hanoi National Assembly Delegation) said that in the context of culture not only existing on stage or in books, but spreading strongly on digital platforms, digitized by data and even recreated by artificial intelligence (AI), each piece of information, melody, image can travel around the world in a few seconds and can also be easily stolen, distorted or illegally exploited.

"Therefore, this draft Law on Intellectual Property is not just a technical legal amendment, but also a digital cultural shield, protecting creators, and affirming Vietnamese cultural sovereignty in global cyberspace," affirmed delegate Bui Hoai Son.

Delegate Bui Hoai Son.

Delegate Bui Hoai Son proposed adding responsibilities to AI platforms and cross-border digital platforms. Specifically, platforms must quickly remove infringing content; prevent re-posting; provide transparency on data used to train AI; and not commercialize AI-generated content based on unlicensed works.

'We cannot let Vietnamese artists become free data providers for foreign AI; we cannot let cultural values be sucked away like raw resources and we cannot let the law follow technology. The revised Intellectual Property Law must be a guiding law, opening new creative spaces, nurturing talent, promoting the creative economy and protecting Vietnamese values in the digital flow,' delegate Bui Hoai Son emphasized.

The delegate added that in the draft, amending Clause 13, Article 4 to expand industrial design protection to "non-physical products" is in the right direction.

However, in the digital environment, the non-physical product is not only the 3D model and design but also includes the digital image, digital voice, performance style, avatar and digital identity of the artist.

Delegates proposed adding an explanation to this clause to ensure that the artist's voice, image, or creative style is not copied, deepfaked, or used by AI without permission.

In Clause 2, Article 7, the draft stipulates that the implementation of intellectual property rights must not hinder the use of the National Flag, National Emblem, and National Anthem. This provision is very important after the recent incident of the Vietnamese National Anthem being blocked on digital platforms. However, delegate Bui Hoai Son noted that it is necessary to add "including the online environment and digital platforms", and clarify the responsibilities not only of individuals and organizations but also of digital service providing platforms. This is to protect the sacred symbols of the nation in the era of AI content management.

Regarding intellectual property appraisal, the delegate said that in an era where content is plagiarized, adapted, and recreated with AI very quickly, appraisal must be based on technological capabilities. Therefore, Mr. Son proposed to add to this article the requirement for digital appraisal capabilities including content recognition tools, AI analysis, data tracking, and determining the origin of works.

Self-valuation can lead to dishonest valuations

Head of the National Assembly Delegation of Can Tho City Nguyen Tuan Anh said that Clause 4, Article 1 of the draft law stipulates that owners are allowed to self-determine the value and create a separate management list for intellectual property rights that do not meet the conditions for recording asset value in accounting books.

Delegates agreed that recording asset values in accounting books must strictly comply with accounting and financial standards. However, the draft law has not yet clarified or referred to any legal provisions on the content of conditions for recording asset values in accounting books.

“If there is no unified understanding, it will lead to different applications in practice, affecting commercial transactions, capital contributions, and capital mobilization,” said delegate Nguyen Tuan Anh, who requested clarification of legal regulations and guidance on “conditions for recording asset value in accounting books.”

Head of the National Assembly Delegation of Can Tho City Nguyen Tuan Anh.

In addition, delegates requested clarification on whether the regulation on allowing self-determination of value when contributing capital/mobilizing capital contains risks regarding transparency and objectivity or not? Could it lead to legal evasion, inflating asset values, leading to damage to shareholders and other investors?

Delegate Lo Thi Luyen (National Assembly Delegation of Dien Bien Province) said that allowing intellectual property owners to self-determine the value could lead to dishonesty in valuation (increasing the value compared to the real value), inaccurate valuation (too low or too high), when intellectual property owners use intellectual property rights to conduct commercial transactions, contribute capital, and mobilize capital as prescribed in this clause, they may encounter difficulties in transactions or when disputes arise, the competent authorities will also encounter difficulties.

Therefore, delegate Lo Thi Luyen proposed that the content of intellectual property owners being allowed to self-determine the value and create a separate list for management should be assigned to the Government to specify the detailed records and procedures for self-determining the value, and it should be considered to have regulations assigning a state agency to appraise the value or an independent appraisal organization to ensure transparency and fairness in transactions related to intellectual property rights.

Vtcnews.vn

Source: https://vtcnews.vn/dbqh-khong-the-de-nghe-si-viet-thanh-nguoi-cung-cap-du-lieu-mien-phi-cho-ai-ar985236.html