The Commission published a new study assessing the policy feasibility and technical feasibility of establishing an EU-level registry for the text and data mining exception.
The study falls within the framework of Article 4 of the Directive on Copyright in the Digital Single Market (Directive 2019/790), which provides a relevant framework for the use of protected content in training AI models.
The study explores:
- how a registry could support rightholders in expressing TDM (Text and Data Mining) opt-outs for copyright-protected works, as well as their identification by AI developers.
- the viability of a registry using work-based identifiers, leveraging content-based fingerprinting technology and relevant metadata.
- what technical architecture a potential registry should adopt.
According to the study’s conclusions, an EU registry could serve as a useful complementary tool to enhance the effective expression and detection of TDM opt-outs. The registry would complement, rather than replace, existing opt-out solutions and sector-specific identifiers where they exist. The Commission will consider potential next steps, taking into account the results of the study and the ongoing work of the European Union Intellectual Property Office regarding copyright infrastructures in the digital and AI era.
See more here.