Senate adopts bill to establish presumption of use of cultural content by artificial intelligence providers

This proposed law aims to alleviate the difficulty encountered by rights holders in demonstrating that their works have been used without authorization to train an AI model, when the model’s training data are unknown to them.

It therefore proposes to amend the Intellectual Property Code by adding an article L.331-4-1 worded as follows:

” Art. L. 331-4-1. – In the absence of proof to the contrary, in any dispute in civil matters, the work or object protected by copyright or by a related right, within the meaning of the present code, is presumed to have been used by the supplier of the artificial intelligence model or system, whenever an indication relating to the development or deployment of this system or to the result generated by it makes such use likely. “[1]

The purpose of this provision is to establish a simple presumption of unauthorized use of works or objects protected by copyright or related rights by suppliers of AI models or systems.

AI providers will thus be presumed responsible for such use, as soon as there is an indication relating to the development or deployment of this system or to the result generated by it that makes it likely.

However, the bill does not qualify the notion of index.

Following the opinion issued by the French Conseil d’Etat[2], we consider that it could be constituted by any factual elements such as, for example, responses generated by the AI system, technical expertise, scientific articles, but also revelations made publicly by AI system suppliers.

This reverses the burden of proof currently placed on copyright and related rights holders.

As this presumption is simple, it can be rebutted by the AI supplier demonstrating that the work or object protected by copyright or by a related right has not been used to drive its model, including by requesting, if necessary, recourse to judicial expertise, under the conditions laid down in the Code of Civil Procedure and the Commercial Code [3].

For the time being, the text is still being examined by the National Assembly, and should apply to proceedings in progress on the date of its entry into force, subject to res judicata decisions, and not only to future ones.

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[1] https://www.assemblee-nationale.fr/dyn/17/textes/l17b2634_proposition-loi.

[2] Avis du Conseil d’Etat dated March 19, 2026, n°410652,

[3] Avis du Conseil d’Etat dated March 19, 2026, n°410652.