Untangling AI Copyright and Data Mining in EU Compliance

In this TL;DR episode, João Quintais explains the interaction between the AI Act and EU copyright law, focusing on text and data mining (TDM). He unpacks key issues like lawful access, opt-out mechanisms, and transparency obligations for AI developers. João explores challenges such as extraterritoriality and trade secrets, offering insights into how voluntary codes of practice and contractual diligence could help align AI innovation with EU copyright rules.

Abstract

Generative AI is one of the hot topics in copyright law today. In the EU, a crucial legal issue is whether using in-copyright works to train generative AI models is copyright infringement or falls under existing text and data mining (TDM) exceptions in the Copyright in Digital Single Market (CDSM) Directive. In particular, Article 4 CDSM Directive contains a so-called “commercial” TDM exception, which provides an “opt-out” mechanism for rights holders. This opt-out can be exercised for instance via technological tools but relies significantly on the public availability of training datasets. This has led to increasing calls for transparency requirements. In response to these calls, the European Parliament is considering adding to its compromise version of the AI Act two specific obligations with copyright implications on providers of generative AI models: on (1) transparency and disclosure; and (2) on safeguards for AI-generated content moderation. There is room for improvement on both.

Untangling AI Copyright and Data Mining in EU Compliance

Abstract

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