The facts
Unanimous in the Senate, never voted on in the National Assembly
A single-article bill, tabled eleven months ago, back in the chamber on Thursday 19 November.
12/12/2025, tabled in the Senate
By Laure Darcos (Horizons), Pierre Ouzoulias (PCF) and Agnès Evren (LR).19/03/2026, favourable opinion from the Conseil d'État
No constitutional or European obstacle.08/04/2026, passed unanimously by the Senate
02/06/2026, adopted in committee at the National Assembly
29 votes to 8. Rapporteur: Emmanuel Maurel (Gauche républicaine et socialiste, GDR group).11/06/2026, 110 amendments, bill not debated
Placed at the end of the day reserved for the GDR group, it was not reached before midnight and fell.19/11/2026, back in the National Assembly
Day reserved for the Socialist group, 6th of 8 bills on the agenda.
Sources
Senate, bill no. 220 (2025-2026) – National Assembly, file DLR5L17N53359 and agenda – Conseil d'État, opinion of 19/03/2026 – NosParlementaires (06/08/2026)
The framework
A rule of evidence, not a new right
Future article L. 331-4-1 of the French Intellectual Property Code“Unless proven otherwise, in any civil dispute, the work or subject matter protected by copyright or a neighbouring right […] is presumed to have been used by the provider of the artificial intelligence model or system, where an indication […] makes such use plausible.”
Today
The rightsholder has to prove that their work or performance was used by the AI, without detailed access to the training data.With the law
One indication is enough (generated output, development or deployment of the system). It is up to the AI provider to prove otherwise.Who is protected?
Authors, but also performers and producers. The presumption applies to works as well as to performances and recordings.For which cases?
Actions before the civil courts for damages, including those already under way, as long as no final judgment has been given. It does not apply before the criminal courts.Does the bill hold up legally?
Yes, according to the Conseil d'État (opinion of 19/03/2026), which sees no constitutional or European obstacle. The European Parliament backs the same idea (Voss report, 10/03/2026).Sources
Senate, adopted text no. 85 of 08/04/2026 – Civil Code art. 1353 (burden of proof) – Conseil d'État, opinion of 19/03/2026 – European Parliament, report A10-0019/2026 (10/03/2026)
The positions
A bill that divides even the governing majority
The Senate
ForThe bill's authors
ForThe rapporteur
ForIn the National Assembly
For26 organisations
ForEnsemble pour la République, mostly
AgainstRassemblement national
AgainstThe government
AgainstMistral AI
AgainstAFNUM
AgainstSources
Livres Hebdo (11/05 and 03/07/2026) – CB News (02/06/2026) – Le Monde, op-ed of 10/11/2026, via ActuaLitté – Next (09/11/2026) – Le Parisien (22/02/2026)
What's in the way
No proof, no case.
19 November will show whether creators and performers get it.
- 110 amendments: 100 from the Ensemble pour la République group, including 46 by Paul Midy, 7 from Horizons, 3 from the Démocrates. For example, they require “a set of concordant indications” instead of a single one.
- The Horizons paradox: the bill's author, Laure Darcos, and the minister who opposes it, Anne Le Hénanff, belong to the same party.
- The clock: a reserved day ends at midnight. According to the press, Boris Vallaud (PS) would withdraw the bill if the amendments are maintained.
On 19 November, three possible outcomes
Passed unamended
The bill is finally adopted.Passed with changes
It goes back to the Senate.Not debated or withdrawn
Back to square one.Sources
NosParlementaires (06/08/2026) – Livres Hebdo (11/05/2026) – ActuaLitté (09/11/2026) – News Tank Culture (02/06/2026, text adopted in committee without amendment) – Constitution art. 45
Behind every performance, an artist. For every artist, a right to remuneration.
Douglas Delannoy, dounoy.fr/en/publications/instantane-n2/
