Nicola Duemler

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The EU AI Act’s phased implementation continues: from 2 August 2025, the AI Act’s rules on general-purpose AI (GPAI) will enter into force (and become enforceable in respect of any new GPAI models in August 2026 and for existing GPAI models in August 2027). This milestone follows the recent publication of (non-binding) guidelines[1] developed by the European Commission to clarify the scope of the obligations on providers of GPAI models (the “GPAI Guidelines”), and the release of the final version of the General-Purpose AI Code of Practice.[2]

This is the final part of our four-part series on the EUIPO study on GenAI and copyright. Read parts 1, 2, and 3.

The EUIPO study provides detailed insights into the evolving relationship between GenAI and copyright law, highlighting both the complex challenges and emerging solutions in this rapidly developing field. As discussed in the previous parts of this series, the study addresses crucial issues at both the training (input) and deployment (output) stages of GenAI systems.

This is the third part of our four-part series on the EUIPO study on GenAI and copyright. Read parts 1, 2, and 4.

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 parts 1, 3, and 4.

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.

On 16 March 2023, the US Copyright Office (“USCO”) published guidance on the registration of works containing AI-generated content. The USCO’s policy statement was released against the backdrop of the proliferation of generative AI tools which are able to create content based on user prompts. The USCO ultimately concluded that the “authorship” requirement of US copyright law refers to “human authorship” (in line with prior case law) and appears to reject the extension of copyright to works generated with the aid of AI technology outside of the user’s control.