Amendments to the AI Act addressing copyright issue

In the beginning of 2023, Chat GPT entered and conquered our digital space (and dinner conversations!). This type of AI model is a generative foundation AI model, which is a quickly advancing type of AI. Generative AI models learn patterns and structures based on input training data and can generate new data with similar characteristics, such as images, texts, and songs.

Generative AI models quickly led to discussions regarding potential copyright infringements, both regarding the input training data and the output data. Two examples are the legal proceedings against Stability AI and the AI code generator Copilot (read more here in Swedish).

At the same time as Generative AI is booming, the EU AI Act (“AIA”) is still being negotiated. The AIA is a work in progress, and it’s expected to be finalized late this year. Many have been hoping for a clearer legal position on the above issues to ensure that intellectual property rights continue to be protected, even in quickly developing innovations like generative AI.

Therefore, it was interesting to see that, on the 11th of May, two EU Parliament committees presented several new suggested amendments to the AIA draft, one of which was an obligation partially addressing this issue. The main suggested amendments consisted of a transparency requirement which would require providers of generative AI models to disclose that content has been generated by AI, requirements to design AI models to prevent them from generating illegal content and a requirement to publish summaries of copyrighted data used for training.

Discussions on the final form of the AIA will continue and Fondia monitors the process closely. If you have any questions or thoughts, you are more than welcome to contact us.

You can read more about AI regulatory sandboxes, Digital Markets Act and Fondia’s Data and AI cross-border expertise below.