Тhe European Union Intellectual Property Office (EUIPO) released a comprehensive study titled "The development of Generative Artificial Intelligence from a Copyright perspective". This highly anticipated study is the result of extensive research and analysis.
Generative Artificial Intelligence (GenAI) relies on the exploitation of existing content to generate new material, and introduces a new paradigm, where not all content is created by human anymore. This essence of 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.
To tackle these complex issues, the purpose of the EUIPO’s newly released study is to deepen the general understanding of GenAI's technical functioning, as well as existing and developing solutions underlying the application of EU rules on copyright and Artificial Intelligence. The study offers an in-depth analysis of GenAI developments from the perspective of EU copyright law, covering technical, legal, and economic aspects.
It is based on a research methodology that includes desk research, interviews with experts, and detailed analysis of technical solutions and practices, providing a comprehensive foundation for informed decision-making. The study was conducted in close collaboration with relevant European Commission services.
The EUIPO study centres on three interconnected areas: (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 wider implications for creators, AI developers, and the copyright ecosystem.
The study explores several key questions, including:
- How GenAI works and its implications on copyright
- The current state of EU law on GenAI, including the Copyright in the Single Market Directive (CDSM) and the EU Artificial Intelligence Act (AI Act)
- How copyright holders can protect their rights in the age of GenAI, including opt-out mechanisms and licensing agreements
- Why transparency and detectability are important in Generative AI
- What are the potential benefits of the emerging market for GenAI training data, and how can it provide revenue streams for creators
- What role could public authorities play in supporting both GenAI development and IP protection
- What are the ongoing legal disputes related to GenAI and IP
The importance of copyright…
Copyright is a cornerstone of the economy, providing significant benefits to creators, businesses, and the wider society. The EUIPO-EPO joint study from 2022 showed that employment in copyright-intensive industries in the EU was 6.2% of total employment, and those industries contributed 6.9% of the EU‘s Gross Domestic Product (GDP). As a result, it is crucial to carefully examine any emerging trends or technologies, such as Generative AI, that have the potential to impact the copyright landscape.
… and the EUIPO's role in shaping the EU's copyright landscape
As a leading authority in intellectual property rights, the EUIPO is committed to strengthening the copyright infrastructure. Since 2012, the EUIPO has been managing the European Observatory on Infringements of Intellectual Property Rights, with the mission of improving the understanding of the scope and impact of infringements of intellectual property rights, including industrial property rights, copyright, and rights related to copyright.
In the field of copyright, the EUIPO is already responsible for establishing and managing the EU orphan works database (since 2012) and the public single online portal for out-of-commerce works (since 2019).
Building on this expertise, and as already announced in the Strategic Plan 2030, the EUIPO will launch its Copyright Knowledge Centre in November 2025. This centre will serve as a central source of knowledge, tools, and services, supporting right holders, informing EU policy makers and tackling key challenges, thus establishing a home for copyright in Europe.
" This report offers essential insights into the intersection of copyright and Generative AI. Its strength lies in its practical orientation. It provides policymakers, rightsholders, AI developers, and intermediaries with concrete data, legal analysis and recommendations on how IP offices such as the EUIPO can play their part in improving the status quo. It highlights where legal certainty is needed, where technical and licensing solutions can be improved, and where deeper cross-sector dialogue is essential. This is not just a study – it is a call to coordinated, forward-looking action”, said João Negrão, the EUIPO Executive Director.
EUIPO's commitment to innovation and responsible AI
The EUIPO has been at the forefront of innovation in the IP sector (awarded as the most innovative Intellectual Property office in 2024 for the fifth time), fully understanding from its initial stages the critical role of AI in bolstering European productivity and competitiveness. This makes it imperative to harness this technological advancement in a way that is aligned with the EU AI Act, and to ensure responsible use of AI by providing full explicability and transparency on its usage.