Legal Affairs MEPs call for protection of copyrighted works used by AI

On Wednesday, MEPson the Legal Affairs Committeeadopted a series of proposals to ensure full transparency and fair remuneration for rights holders for the use of copyright-protected works by generative artificial intelligence (genAI), by 17 votes to 3 with 2 abstentions.

Remuneration for the use of protected works

MEPs are demanding that European copyright law apply to all generative AI systems available on the European market, regardless of where the training takes place. Given that genAI relies on and reproduces protected content, MEPs are demanding full transparency on its use, including a list of each copyrighted work used and detailed records of the tracking activities of AI providers and implementers. Failure to comply with transparency requirements could constitute a copyright infringement, for which AI providers could face legal consequences.

MEPs also call for fair remuneration for the use of copyright-protected content by AI to ensure that the EU’s creative and cultural sector can thrive in the age of AI. They ask the Commission to examine whether such remuneration could also apply to prior use, while rejecting the idea of a global licence allowing providers to train their genAI systems in exchange for a fixed payment.

Protecting the media sector and individual rights

In the report, MEPs urge the Commission and Member States to protect media pluralism, which is threatened by AI systems that selectively aggregate news, diverting traffic and revenue.They believe that the media sector should have full control over the use of its content to train AI systems, including the possibility to refuse such use. MEPs also urge the Commission to ensure adequate remuneration for this use.

MEPs believe that content generated entirely by AI should not be protected by copyright. They call for measures to protect individuals against the dissemination of manipulated and AI-generated content, as well as an obligation for digital service providers to take action against such illegal use.

Possibility for rights holders to prevent AI from using their work

MEPs are calling for new rules to address the licensing of copyright-protected material for use by genAI and are asking the Commission to facilitate the establishment of voluntary collective licensing agreements by sector, accessible to all, including individual creators and SMEs. They also call on the Commission to explore tools that would allow rights holders to prevent their work from being used by general-purpose AI systems.

Quote

Following the vote, rapporteurAxel Voss (EPP, Germany)said: “Generative AI must not operate outside the rule of law. If copyrighted works are used to train AI systems, creators are entitled to transparency, legal certainty and fair compensation. Innovation cannot come at the expense of copyright; both can and must coexist. Clear and enforceable rules are key to ensuring Europe’s technological sovereignty. Our aim is to foster innovation while safeguarding the fundamental principles of intellectual property.”

Next steps

This own-initiative report will be put to a vote in Parliament’s plenary session in March.

Background

The report seeks to answer key legal questions about the interaction between genAI and copyright, including how to ensure transparency, consent and fair remuneration for creators and rights holders when their protected works are used in the generation, dissemination and distribution of AI outputs.