# French deputies debate an AI presumption-of-use bill on 19 November

A Senate text would let one plausible indication shift the burden of proof onto AI providers in civil copyright cases.

Published 29 October 2026 by EuGFA in The Briefing. Interests: Policy.

## What happened

The Assemblée nationale will debate on 19 November 2026 a bill presuming that AI providers have used cultural content. The Senate adopted it unanimously on 8 April 2026, and the Assemblée's culture committee approved it unchanged on 2 June. Deputies have filed 110 amendments.

Its single article adds Article L. 331-4-1 to the Intellectual Property Code. In civil disputes, a protected work is presumed used by the provider of an AI model or system when an indication linked to its development, deployment or output makes that use plausible. The provider can rebut it. It covers pending cases but not deployers.

## Why it matters

For a French screenwriter, director or animation studio that suspects a video model was trained on its films, proof is the hardest step. On 19 March 2026, the Conseil d'État said one indication could suffice, such as generated outputs or public disclosures.

The presumption covers use, not infringement. A judge would still decide whether the text-and-data-mining exception applied. The Conseil d'État saw no obstacle in EU law and said the AI Act framework was not called into question.

## Still open

Whether deputies adopt the Senate text unchanged or amend it on 19 November. As of 29 October, the Assemblée has not voted.

## For your film

Makers who see a model reproduce their work can keep dated copies of the outputs and the prompts behind them.

## Read further

- [Legislative file, Assemblée nationale](https://www.assemblee-nationale.fr/dyn/17/dossiers/DLR5L17N53359)
- [Opinion of the Conseil d'État, 19 March 2026](https://www.conseil-etat.fr/avis-consultatifs/derniers-avis-rendus/a-l-assemblee-nationale-et-au-senat/avis-sur-une-proposition-de-loi-relative-a-l-instauration-d-une-presomption-d-exploitation-des-contenus-culturels-par-les-fournisseurs-d-intelligen)
- [Committee report no. 2864, Assemblée nationale](https://www.assemblee-nationale.fr/dyn/17/rapports/cion-cedu/l17b2864_rapport-fond.pdf)