EU Member States response to policy questionnaire on the relationship between Gen AI and copyright
15 January 2025
On 27 June 2024, the Hungarian Presidency of the Council of the European Union launched a policy questionnaire on the relationship between generative Artificial Intelligence (AI) and copyright and related rights. A summary of Member States contributions was published on 20 December 2024.
The questionnaire responses indicate that the interplay between AI and copyright are a key focus for Member States, with various studies, committees, and research initiatives exploring their relationship.
Key takeaways include:
— Most Member States are seeking more clarity for a better implementation of the EU legal framework, particularly regarding the text and data mining (TDM) exception and its opt-out mechanism under the DSM Directive, which affects AI training.
— Licensing between rightsholders and AI companies is seen as essential, with many Member States supporting the individual licensing approach and a license-based training for generative AI.
— There is broad consensus that AI-generated content does not warrant new copyright protections and that only works with significant human input should be eligible for protection.
— Regarding AI transparency obligations, some advocate a “wait and see” approach while others support additional transparency measures.
To go further: