Generative AI and Copyright - Training, Creation, Regulation

This study examines how generative AI challenges core principles of EU copyright law. It highlights the legal mismatch between AI training practices and current text and data mining exceptions, and the uncertain status of AI-generated content. These developments pose structural risks for the future of creativity in Europe, where a rich and diverse cultural heritage depends on the continued protection and fair remuneration of authors. The report calls for clear rules on input/output distinctions, harmonised opt-out mechanisms, transparency obligations, and equitable licensing models. To balance innovation and authors’ rights, the European Parliament is expected to lead reforms that reflect the evolving realities of creativity, authorship, and machine-generated expression. This study was commissioned by the European Parliament’s Policy Department for Justice, Civil Liberties and Institutional Affairs at the request of the Committee on Legal Affairs.