The Council of the European Union, under the Hungarian Presidency, distributed a policy questionnaire to EU Member States in order to gather views and comments on the relationship between generative artificial intelligence and copyright and related rights. The revised summary highlights the need for clarity in copyright law regarding content generated by artificial intelligence, as well as the potential for new legislative measures.
It is noted that most Member States consider that the existing EU legal framework is generally sufficient to address issues arising from generative artificial intelligence and copyright property rights. However, there are practical issues where more clarity and certainty are required, in particular regarding the applicability of the text and data mining (TDM) exception and the opt-out mechanism introduced by Directive (EU) 2019/790.
Many Member States expressed concerns about the practical use of the opt-out system and the interpretation of “machine-readable”.