France’s Loi Darcos reverses the burden of proof: AI companies will in future have to prove what they have trained. Germany continues to rely on individual lawsuits. What this means for the music industry.
Paris will soon force AI companies to confess. But what is Berlin doing? Because while Paris is working on a law that would force AI companies to prove that they have not trained with copyrighted works, the German music industry is moving from lawsuit to lawsuit.
The Loi Darcos: reversal of the burden of proof in French
In France, on May 5, 2026, an alliance of 81 associations – music, film, books, press – addressed the National Assembly: It should finally vote on a law that would fundamentally change the rules of the game between the AI industry and creative people. The Loi Darcos, named after Senator Laure Darcos, was unanimously passed by the Senate in April. A new article would establish a presumption that must be refuted: As soon as a reference makes the use of a protected work by an AI system seem plausible, this use is considered proven – unless the AI provider proves the opposite. Until now, authors have had to provide practically impossible proof that their work ended up in a black box. In the future, AI companies would have to disclose what they trained with.
And in Germany?
Here the picture looks different – and not for the good of the authors. A French-style reversal of the burden of proof is not on the agenda in Berlin. Instead, the German front is taking the long route of individual lawsuits. Benjamin von Stuckrad-Barre aptly summarizes how the art and culture scene feels about the current situation: “Give us back our stuff, who do you actually think you are?” His proposal for debate: abolish copyright. Then everything belongs to everyone and he can open “Google 2”. Or “Twitter without Nazis”.
While the ECJ reformed the legal situation for the art form of sampling, which is now over 60 years old, in April 2026, the AI platforms are snuggling up in a blanket woven from unclear legal situations. The Federal Cabinet approved the draft for the AI Market Surveillance and Implementation Act on February 11, 2026. However, a reversal of the burden of proof based on the French model is sought in vain in the draft.
GEMA reservation without enforcement power
GEMA has also declared a reservation of use for text and data mining for the works it represents. Anyone who wants to use works from the GEMA repertoire for AI training needs permission. The problem: The AI industry only adheres to it if someone can prove that it has not adhered to it. Which brings us back to the burden of proof.
Forced to move from Paris
If the Loi Darcos in the French National Assembly survives the summer, Germany will be under pressure to act. GEMA would then have a role model to which it could point. The federal government would have a model that it would have to follow or reject – the latter with significantly higher political costs.
