This is the third part of our four-part series on the EUIPO study on GenAI and copyright. Read parts 1 and 2.

This third part of the four-part series offers four key takeaways on GenAI output, highlighting critical issues around retrieval augmented generation (RAG), transparency solutions, copyright retention concerns and emerging technical remedies.

This is the second part of our four-part series on the EUIPO study on GenAI and copyright. Read part 1.

In this second part of our four-part series exploring the EUIPO study on GenAI and copyright, we set out our key takeaways regarding GenAI inputs, including findings on the evolving interpretation of the legal text and data mining (TDM) rights reservation regime and existing opt-out measures.

Last week a Georgia state court granted summary judgment in favor of OpenAI, ending a closely watched defamation lawsuit over false information—sometimes called “hallucinations”—generated by its generative AI product, ChatGPT.  The plaintiff, Mark Walters, is a nationally syndicated radio host and prominent gun rights advocate who sued OpenAI after ChatGPT produced output incorrectly stating that he had been accused of embezzlement in a lawsuit filed by the Second Amendment Foundation (“SAF”).  Walters is not, and never was, a party to that case. 

On 3 February 2025, the European Commission (“EC”) published an updated version of its frequently asked questions (“FAQs”) on the EU Data Act.[1]  The Data Act, which is intended to make data more accessible to users of IoT devices in the EU, entered into force on 11 January 2024 and will become generally applicable as of 12 September 2025.

The following is part of our annual publication Selected Issues for Boards of Directors in 2025Explore all topics or download the PDF.


Deployment of generative AI expanded rapidly across many industries in 2024, leading to broadly increased productivity, return on investment and other benefits. At the same time, AI was also a focus for lawmakers, regulators and courts. There are currently 27 active generative AI litigation cases in the U.S., nearly all of which involve copyright claims. Numerous state legislatures have mulled AI regulation, and Colorado became the first and only state thus far to pass a law creating a broad set of obligations for certain developers and deployers of AI.