Copyright & Generative AI – European Parliament Resolution

The European Parliament has adopted a resolution on copyright protection in light of generative AI, with three main goals: greater transparency, fair remuneration, and a more effective opt‑out right for rightholders, especially for AI training.

Members of Parliament notably recommend:

• creating a genuine licensing market (including sectoral collective licences) accessible to individual creators and SMEs;
• setting up an effective opt‑out mechanism, managed and recorded by the EUIPO, allowing rightholders to exclude the use of their works for AI training;
• introducing a rebuttable presumption that works have been used where transparency obligations are not fully met, with all enforcement costs borne by the AI provider if the rightholder (or their organisation) prevails in court;
• ensuring that EU copyright law applies to any generative AI model placed on the EU market, regardless of where training took place, with models that do not respect copyright law barred from being marketed or made available in the EU.

This is a strong political signal. It is now for the European Commission to determine to what extent these recommendations will be taken up and translated into regulations. Major new European developments to anticipate.

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