To help advance the vision set out in Canada’s National Artificial Intelligence Strategy: AI for All, the Government of Canada held a public consultation on increasing AI transparency. Following consultation and consensus-building among its members, CDCE submitted a series of positions and recommendations to inform a potential regulatory framework.

For the cultural sector, transparency is the foundation of a responsible AI ecosystem. It is essential for creators and other rights holders to protect their interests and is a prerequisite for authorizing uses of their works, receiving remuneration, and effectively exercising the protections afforded by the Copyright Act. It is integral to the three core pillars advocated by the CDCE: (a) authorization, (b) remuneration, and (c) transparency—collectively known as the “ART” principles.

In this context, the CDCE sets out four fundamental positions:

1. As a general principle, transparency obligations relating to works or other subject matter protected by copyright should apply to all AI systems, regardless of their level of risk;
2. Rightsholders must be informed as to whether their works or other subject matter protected by copyright have been used by or for an AI system, including through detailed records identifying the content used and how it was used;
3. Transparency must make it possible to distinguish works or other subject matter protected by copyright from content that is not protected by copyright; and
4. AI systems that influence the discoverability must be transparent.

To implement these principles, the CDCE recommends that Canada adopt a regulatory framework for transparency that includes:

1. To implement these principles, the CDCE recommends that Canada adopt a regulatory framework for transparency that includes:
2. Documentation and disclosure obligations covering all works or other subject matter protected by copyright accessed by AI developers, as well as the associated metadata;
3. A rebuttable presumption that AI providers have used such content when these obligations are not met;
4. Enhanced transparency regarding AI-generated content;
5. Disclosure requirements for recommendation systems, algorithmic systems, and AI agents that influence content discoverability; and
6. A right to know the main factors that led to a recommendation or automated decision affecting access to cultural works.

In conclusion, transparency is essential for the cultural sector to understand how its works are used by AI systems and to enforce its rights. The CDCE calls on the government to act on its recommendations.