AI Trends for 2024 - Eu Copyright Law: AI Act on the Home Stretch

Generative artificial intelligence (“GenAI”) challenges EU copyright law, from the AI training to the protectability and liability risks of its output. The EU’s forthcoming AI Act takes first steps towards AI-specific regulation with its provider obligations on training data transparency and copyright policy.

Text and data mining (TDM) exception for AI training: GenAI applications have been trained with millions of pieces of copyrighted content scraped from the internet without explicit consent from the rightsholders. In the EU, reproductions made in the course of such training are permitted by the TDM exception of the 2019 EU Copyright Directive, unless rightsholders express machine-readable opt-outs. Not yet harmonized standards for such technical opt-outs and the issue that AI models currently cannot retroactively “forget” individual training content are practical challenges for which crucial developments should be monitored in 2024.

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