The European Union is facing backlash over its proposed AI Act, which critics claim includes a significant copyright loophole that could allow companies to use copyrighted material without proper compensation. As concerns grow over the potential impact on intellectual property rights, advocacy groups are urging lawmakers to amend the legislation to ensure fair remuneration for content creators.
The EU is being criticized for leaving a significant copyright loophole in its Artificial Intelligence Act, which could leave writers and creatives unprotected against generative AI systems. Lawmakers and cultural organizations are calling for legislation to address this “irresponsible” legal gap that favors big tech over protecting European creative content.
This post examines the potential for private enforcement of the AI Act’s public-law product safety provisions under German law, specifically through Sections 823(2) of the German Civil Code and Section 3a of the German Act Against Unfair Competition. It concludes that such enforcement should be possible, highlighting the advantages of claims for injunctive relief under the UWG compared to those under the BGB.
The European Union has released the first draft of a ‘General-Purpose AI Code of Practice’, aimed at ensuring meaningful implementation of the AI Act. The draft includes provisions on copyright and requires companies to conduct due diligence regarding copyright protected content when developing AI models.