2024 - Artificial Intelligence

The Artificial Intelligence Act establishes a common regulatory and legal framework for responsible governance of AI and provides the first tools for rightsholders to enforce their rights. The AI Act includes the obligations for providers of General Purpose AI to make available a sufficiently detailed summary of the works used to train their models, to retain detailed technical documentation, and to demonstrate that they have policies in place to comply with EU copyright law, regardless of where they acquired data or trained and developed their AI models. 

While these obligations are a first step for rightsholders to enforce their rights, the AI Act does not resolve the legal uncertainty around the authors’ authorisation for the use of their works for generative AI purposes and their remuneration for such uses. The European Commission’s interpretation of the Text and Data Mining exception leaves rightsholders with only an opt-out.

The legislative text: 2024/1689EU