EU Committee on Legal Affairs Issues Report on Generative AI and Copyright
On February 25, 2026, the European Parliament’s Committee on Legal Affairs adopted a report addressing the intersection of generative artificial intelligence and copyright law. This report articulates the Parliament’s position on safeguarding creators’ rights while promoting European AI development.
Background
The report was prompted by the rapid advancement of generative AI, which has led to significant legal uncertainty regarding the use of copyright-protected content for AI training. There are also concerns about fair remuneration for creators. Acknowledging that current copyright law is insufficient, the report emphasizes the need for decisive action to address licensing challenges. The aim is to find a balance between the interests of all stakeholders by proposing a combination of legal, technical, and technological solutions.
Key Acknowledgements
The report highlights several critical points regarding the current state of generative AI and copyright:
- Applicability of Copyright Law: The Parliament acknowledges widespread violations of copyright rights by generative AI providers, such as unauthorized collection of works from the Internet and failure to seek necessary licenses. This pattern is seen as a violation of creators’ fundamental rights and detrimental to the EU’s cultural sector.
- Impracticality of Opt-Out Mechanisms: The report notes that current systems for reserving rights to copyright-protected content are often impractical and lack transparency for enforcement.
- Existential Risk to European Society: The report warns of the risk that the human dimension of creation may diminish in favor of AI-generated content, posing a threat to European society and democracy.
Calls to Action by the Parliament
The report outlines several specific calls to action directed at the European Commission and stakeholders:
Licensing and Remuneration
The Parliament calls for a new legal framework to clarify licensing rules for generative AI and ensure effective cooperation between AI providers and creators. It also urges the establishment of voluntary collective licensing agreements to facilitate fair remuneration for rights holders.
Transparency Obligations
The report calls for transparency requirements for AI providers, including an itemized list of copyright-protected content used for training. This would ensure compliance with opt-out mechanisms through a trusted intermediary.
Opt-Out Mechanism and EUIPO Role
The Parliament recommends assessing tools that allow rights holders to exclude their works from AI training. It proposes the EUIPO as the intermediary tasked with managing these exclusions and facilitating a voluntary licensing process.
Rebuttable Presumption of Use
The report suggests establishing a rebuttable presumption that copyrighted works have been used for AI training unless transparency obligations are met. This would impact incentives for compliance significantly.
Protection of Press and Media
The Parliament emphasizes the need to safeguard the press and media sector from exploitation by AI systems, proposing compensation mechanisms for affected outlets.
AI-Generated Content and Deepfakes
The report insists that AI-generated content not meeting copyright criteria should remain ineligible for copyright protection, while also calling for measures to protect individuals against manipulated digital content.
Enforcement and Territorial Application
The principle of territoriality should apply such that EU copyright law governs generative AI models available on the EU market, regardless of where the training occurs.
Next Steps
The Parliament’s President has been instructed to forward the resolution to the Council, the Commission, and Member States. It emphasizes the urgency of addressing legal uncertainties surrounding the use of protected works for generative AI training.
Takeaways
This report signals a clear intent by the European Parliament to strengthen protections for copyright holders in the context of generative AI. Organizations operating in the EU should monitor developments closely and prepare for potential new obligations regarding licensing, transparency, and compliance.
