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Copyright in the Digital Single Market Directive (Date not recorded): Article 4 allows text and data mining unless rights are reserved, and Article 15 press publishers' right is at issue in Case C-250/25.
6 instruments (6 current) · 3 obligations · 15 claims · 2 milestones
Instruments
- Copyright in the Digital Single Market Directive Date not recorded
Article 4 allows text and data mining unless rights are reserved, and Article 15 press publishers' right is at issue in Case C-250/25.
- Denmark: draft Copyright Act amendment on realistic digital imitations (deepfakes) Draft, no legal force
Draft Danish copyright amendment protecting people's likeness and voice against realistic AI imitations, with satire and parody carve-outs.
- Digital Omnibus on data (GDPR, ePrivacy and data acquis amendments) Draft, no legal force
Commission proposal that would let controllers rely on legitimate interest for AI training and operation.
- EDPB Opinion 28/2024 on data protection aspects of AI models Valid from 2024-12-17
European Data Protection Board opinion on anonymity of AI models, legitimate interest and the consequences of unlawfully processed training data.
- European Parliament report on copyright and generative AI (A10-0019/2026) Date not recorded
Parliament own-initiative report on copyright and generative AI (procedure 2025/2058(INI)), adopted text P10_TA(2026)0066.
- Italian Law on artificial intelligence Valid from 2025-10-10
Italian national framework law designating AgID and ACN, regulating AI in work and professions, copyright and criminal law.
Obligations
- Article 53(1)(c)
Providers of general-purpose AI models must put in place a policy to comply with Union copyright law, including identifying and complying with rights reservations under Article 4(3) of Directive (EU) 2019/790.
- Article 4(3)
The text and data mining exception for lawful access applies only where rightholders have not expressly reserved their rights in an appropriate manner, such as machine-readable means for online content.
- Art. 25(1)(b), inserting Art. 70-septies of Law 633/1941
Reproductions and extractions from lawfully accessible works for text and data mining by AI systems are permitted in line with Articles 70-ter and 70-quater.
Milestones
- Italian Law 132/2025 enters into force Met
- Danish minister's hoped-for start of the deepfake copyright amendment Upcoming
Claims and evidence (15)
GPAI providers must keep technical documentation, inform downstream providers, maintain a copyright-compliance policy and publish a training-content summary.
Evidence and sources
- Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal text
Providers of general-purpose AI models shall: (a) draw up and keep up-to-date the technical documentation of the model, including its training and testing process
- Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal text
put in place a policy to comply with Union law on copyright and related rights, in particular to identify and comply with the reservation of rights expressed by rightsholders pursuant to Article 4(3) of Directive (EU) 2019/790.
- Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal text
draw up and make publicly available a sufficiently detailed summary about the content used for training of the general-purpose AI model, according to a template provided by the AI Office.
- Regulation (EU) 2024/1689 (Artificial Intelligence Act), Official Journal text
The CJEU held its first hearing on generative AI and copyright in Like Company v Google (C-250/25) on 24 April 2026; the status of any Advocate General opinion is unconfirmed.
Evidence and sources
- CJEU Grand Chamber rules on music sampling and pastiche - First CJEU hearing on generative AI and copyright: Like Company v Google
First CJEU hearing on generative AI and copyright: Like Company v Google - IP Helpdesk ... News blog - 24 April 2026 - European Innovation Council and SMEs Executive Agency - 5 min read
- CJEU Grand Chamber rules on music sampling and pastiche - First CJEU hearing on generative AI and copyright: Like Company v Google
The Article 4 text and data mining exception applies only where rightholders have not expressly reserved their rights in an appropriate manner, such as machine-readable means for online content.
Evidence and sources
- Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market
The exception or limitation provided for in paragraph 1 shall apply on condition that the use of works and other subject matter referred to in that paragraph has not been expressly reserved by their rightholders in an appropriate manner, such as machine-readable means in the case of content made publicly available online.
- Directive (EU) 2019/790 on copyright and related rights in the Digital Single Market
On 29 September 2026 the Commission announced it is gathering feedback on options for future measures on technology, including AI, and effective copyright protection.
Evidence and sources
- EU copyright law
The European Commission is gathering feedback on challenges and options for potential future measures to support the impact of technology, including artificial intelligence, on the effective copyright protection amid market and technology developments of creative works and innovations.
- EU copyright law
Case C-250/25 Like Company v Google Ireland, a preliminary reference lodged 3 April 2025 concerning chatbot outputs reproducing press publisher content, held its first oral hearing on 10 March 2026.
Evidence and sources
- Case C-250/25 Like Company - summary of the request for a preliminary ruling
Date lodged: 3 April 2025 Referring court: Budapest Környéki Törvényszék (Hungary) Date of the decision to refer: 10 March 2025 Applicant: Like Company Defendant: Google Ireland Limited Subject matter of the main proceedings The display, in the responses of a chatbot based on a large language model ('LLM'), of a text partially
- Case C-250/25 Like Company - summary of the request for a preliminary ruling
The display, in the responses of a chatbot based on a large language model ('LLM'), of a text partially identical to the content of the website of a press publisher, and also the communication to the public, reproduction and possible free use of that content.
- Case C-250/25, Like Company v Google Ireland Limited (OJ C/2025/3039)
Request for a preliminary ruling from the Budapest Környéki Törvényszék (Hungary) lodged on 3 April 2025 – Like Company v Google Ireland Limited Case C-250/25, Like Company: Request for a preliminary ruling from the Budapest Környéki Törvényszék (Hungary) lodged on 3 April 2025 – Like Company v Google Ireland Limited Case
- CJEU Grand Chamber rules on music sampling and pastiche - First CJEU hearing on generative AI and copyright: Like Company v Google
On 10 March 2026, the Court of Justice of the European Union held its first oral hearing on generative artificial intelligence and copyright in case C-250/25, *Like Company v Google Ireland Limited*.
- Case C-250/25 Like Company - summary of the request for a preliminary ruling
Derived: Probable GEMA reports that the Munich Regional Court ruled on 11 November 2025 that OpenAI needed rights to song lyrics for training and operating ChatGPT.
Evidence and sources
- Erstes KI-Grundsatzurteil in Europa: GEMA setzt sich gegen OpenAI durch
The Munich Regional Court states unequivocally in its judgment that OpenAI would have had to acquire, for the training and operation of ChatGPT, the rights to the song lyrics in suit of German authors from the GEMA repertoire.
- Erstes KI-Grundsatzurteil in Europa: GEMA setzt sich gegen OpenAI durch
Derived: Probable GEMA reports a Munich Regional Court decision against SUNO announced 31 July 2026 in a case filed 21 January 2025.
Evidence and sources
- Gericht entscheidet pro Musikschaffende: GEMA setzt sich gegen SUNO durch
GEMA filed its lawsuit against SUNO at the Munich Regional Court on 21 January 2025 in order to enforce its members' right to remuneration for the use of their works.
- Gericht entscheidet pro Musikschaffende: GEMA setzt sich gegen SUNO durch
Derived: Probable Heise reports that the Higher Regional Court Hamburg dismissed the photographer's appeal against LAION and allowed a further appeal on points of law.
Evidence and sources
- KI-Training: Normalsprachlicher Nutzungsvorbehalt reicht OLG Hamburg nicht
The Higher Regional Court in Hamburg has dismissed the appeal in a photographer's lawsuit against the AI-model-training association Laion, but has allowed an appeal on points of law (Revision).
- KI-Training: Normalsprachlicher Nutzungsvorbehalt reicht OLG Hamburg nicht
The European Parliament report A10-0019/2026 on copyright and generative AI lists adopted text P10_TA(2026)0066.
Evidence and sources
- Report A10-0019/2026 on copyright and generative artificial intelligence
copyright and generative artificial intelligence – opportunities and challenges 25.2.2026 - (2025/2058(INI)) Committee on Legal Affairs Rapporteur: Axel Voss PR_INI Procedure : 2025/2058(INI) Document stages in plenary Document selected : A10-0019/2026 Texts tabled : A10-0019/2026 Debates : Votes : Texts adopted :
- Report A10-0019/2026 on copyright and generative artificial intelligence
Texts adopted : P10_TA(2026)0066 - MOTION FOR A EUROPEAN PARLIAMENT RESOLUTION - EXPLANATORY STATEMENT - ANNEX: DECLARATION OF INPUT - INFORMATION ON ADOPTION IN COMMITTEE RESPONSIBLE - FINAL VOTE BY
- Report A10-0019/2026 on copyright and generative artificial intelligence
Article 25 of Law 132/2025 inserts Article 70-septies into Law 633/1941, permitting TDM reproductions and extractions by AI systems in line with Articles 70-ter and 70-quater.
Evidence and sources
- Gazzetta Ufficiale Serie Generale n. 223 of 25-9-2025 (Legge 132/2025 full text)
reproductions and extractions from works or other materials contained in the network or in databases to which one has lawful access, for the purposes of text and data mining through artificial intelligence models and systems, including generative ones, are permitted in accordance with the provisions of Articles 70-ter and 70-quater
- Gazzetta Ufficiale Serie Generale n. 223 of 25-9-2025 (Legge 132/2025 full text)
The European Data Protection Board adopted Opinion 28/2024 on data protection aspects of the processing of personal data in the context of AI models on 17 December 2024.
Evidence and sources
- EDPB Opinion 28/2024 on data protection aspects of AI models
Opinion 28/2024 on certain data protection aspects related to the processing of personal data in the context of AI models Adopted on 17 December 2024
- EDPB Opinion 28/2024 on data protection aspects of AI models
The Digital Omnibus on data (COM(2025) 837) was tabled by the Commission on 19 November 2025 and is at the Tabled status.
Evidence and sources
- The Digital Omnibus Regulation Proposal (Legislative Train Schedule)
The Digital Omnibus Regulation proposal was tabled on 19 November 2025 by the Commission, as part of its digital package simplification programme, announced in the 2025 Commission work programme.
- The Digital Omnibus Regulation Proposal (Legislative Train Schedule)
Status: Tabled - Type: Legislative - Package: Digital package
- The Digital Omnibus Regulation Proposal (Legislative Train Schedule)
The proposal would let companies rely on the GDPR legitimate-interest basis to use personal data for training or operating AI systems, subject to conditions.
Evidence and sources
- The Digital Omnibus Regulation Proposal (Legislative Train Schedule)
Companies would be able to rely on the GDPR's 'legitimate interest' legal basis to use personal data for training or operating AI systems and models, subject to certain conditions.
- The Digital Omnibus Regulation Proposal (Legislative Train Schedule)
Denmark has notified to the European Commission, under TRIS procedure 2025/0654/DK, a draft act amending its Copyright Act to address realistic AI-generated digital imitations (deepfakes).
Evidence and sources
- Denmark's proposed copyright rules on deepfakes
Denmark has notified a draft act amending its Copyright Act to address realistic digitally generated imitations, commonly known as 'deepfakes'.
- Denmark's proposed copyright rules on deepfakes
Under the notified Danish draft, unauthorised publication of realistic AI-generated imitations of a person would be illegal and could be reported to online sharing platforms as illegal content, subject to satire and parody exceptions.
Evidence and sources
- Denmark's proposed copyright rules on deepfakes
As set out in the TRIS notification, such unauthorised publication would be illegal under Danish law, and the content could be reported to online sharing platforms as illegal content.
- Denmark's proposed copyright rules on deepfakes