The Data (Use and Access) Act (the “DUA Act”) was enacted in the UK on 19 June 2025, reforming the General Data Protection Regulation and addressing copyright issues related to generative AI. The Act’s passage followed extensive parliamentary debate, particularly concerning the use of copyright works for training AI models without consent.
The legal framework governing copyright is facing significant challenges due to the rise of generative artificial intelligence (AI) that produces creative works without human authorship. As AI-generated content becomes more prevalent, policymakers and legal experts must address the question of ownership and copyright protections for these outputs.
The EU AI Act emphasizes the importance of copyright compliance for generative AI models, particularly regarding the use of vast datasets for training. It requires general-purpose AI providers to implement policies that respect copyright protections and ensure transparency about the content used in their training processes.
The EU AI Office has published the third draft of its General-Purpose AI Code of Practice, which outlines key copyright obligations for providers of general-purpose AI models. This draft emphasizes the importance of complying with EU copyright laws, particularly regarding the use of training data and the rights of content creators.
A coalition of European authors and rightsholders has condemned the third draft of the EU’s General-Purpose AI Code of Practice, stating that it undermines copyright laws and fails to protect their rights. They argue that the draft lacks proper measures for GPAI providers to ensure compliance with copyright regulations, rendering the rights of creators almost meaningless.
The EU AI Office has released a new draft of the Code of Practice that outlines obligations for general-purpose AI model providers under the EU AI Act, emphasizing compliance with copyright law. The draft aims to provide clearer guidance on copyright-related measures while allowing for proportionality based on the size and capacity of individual providers.
A recent court ruling has determined that AI-generated art does not qualify for copyright protection, meaning creators do not own the rights to their works. This ruling highlights that only human authors can hold copyright, leaving AI-generated creations free for anyone to use without attribution or compensation.
The GPAI Code of Practice outlines the requirements for compliance with EU copyright law for providers of General-Purpose AI models. The third draft emphasizes proportional compliance based on the provider’s size and capacities, with significant changes to copyright policy measures compared to the previous draft.
Several French publishing associations have filed a joint legal complaint against Meta, alleging unauthorized use of copyrighted materials to train its generative AI, in violation of the EU AI Act. The associations seek to ensure that the creation of an AI market does not harm the cultural sector and advocate for greater protections and compensation for affected creators.
The article discusses the need for reform in EU copyright laws to better accommodate AI technologies and ensure fair remuneration for creators. It proposes replacing the current opt-out system with a statutory remuneration right to support innovation while respecting the interests of authors.
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