The Future of IP Rights and Creativity in the AI Era
🗓️ On 12 May 2025, the EUIPO has released a major study on Generative Artificial Intelligence and Copyright.
Generative Artificial Intelligence (GenAI) relies on the exploitation of existing content to generate new material that is not created by human. GenAI raises urgent questions about the lawful use of copyright-protected content as input to train GenAI systems, and about the ways we can distinguish between content that is protected by copyright and content that is not.
The EUIPO study analyzes 3 main questions:
(1) the use of copyright-protected works as training data for GenAI models,
(2) the generation of new content by these systems, and the legal questions this raises, and
(3) the implications for creators, AI developers, and the copyright ecosystem.
Key points addressed by this study:
- - How GenAI works and its implications on copyright and IP protection;
- - The current state of EU law on GenAI, including the Copyright in the Single Market Directive (CDSM) and the EU AI Act;
- - How copyright holders can protect their rights in the age of GenAI, including opt-out mechanisms and licensing agreements;
- - The importance of transparency and detectability in GenAI;
- - The ongoing legal disputes related to GenAI and IP.
🔗 Access the full EUIPO report here along with a summary below.