Roundtable discussion: Will Copyright Rules Define the Future of European AI?

On the 27th of May in Brussels, the AI Chamber CEE convened an important stakeholder dialogue on a topic critical for the future of European innovation – the intersection of copyright and artificial intelligence. 

Our expert policy roundtable couldn’t have been more timely as the debate on regulating the training of AI systems is intensifying in the wake of the JURI Report on GenAI and the upcoming revision of the CDSM Directive. Given the rapid pace of global competition, it is not hyperbole to say the European AI ecosystem now stands at a pivotal crossroads.

The depth, candor, and technical grounding of yesterday’s discussions highlighted what is truly at stake: we need to balance intellectual property protection with the practical, economic realities of Text and Data Mining (TDM) so that European startups, SMEs, and research institutions can thrive without prohibitive friction and costs that would put them at a disadvantage with peer competitors from different jurisdictions.

Key Takeaways from the Roundtable

• Addressing Uncertainty: Experts analysed the growing legal uncertainty surrounding Articles 3 and 4 of the CDSM Directive and its direct impact on developing home-grown AI models, especially in the context of the newly introduced obligations of the AI Act. The interplay between these regimes seem to add an extra layer of complexity to the legal situation. Practical examples of how this has an impact on EU projects to train LLMs were presented. 
• Preserving Competitiveness: The room discussed how overly burdensome transparency requirements or mandatory licensing schemes risk weakening European competitiveness and deepening reliance on non-European foundational models. It is clear that even on the rightsholder side there is no clear consensus on whether any legislative intervention is necessary, or whether letting the market establish an equilibrium is the wiser choice.
• Possible ramifications: Moving beyond abstract debates, participants focused on practical legal and technical outcomes, that may be caused by both already existing laws (like AI Act giving EU copyright law a possible extraterritorial effect), and how the uncertainty surrounding legality of AI training is already affecting business decisions to relocate companies abroad. Most experts called for a commitment to ensure a balanced, innovation-driven regulatory framework.

A Heartfelt Thank You to Our Participants

An event of this caliber relies entirely on the expertise and openness of its speakers and attendees. We want to extend our sincere gratitude to everyone who contributed to this vibrant exchange.

A special thank you goes to Mr. Rodolphe Wouters from the European Commission, whose presence and invaluable insights greatly enriched the discussion. The EU business community is eagerly awaiting the results of the stakeholder survey and the CDSM review process and we greatly appreciate the openness of the EC to engage with stakeholders so directly. 

We also extend our gratitude to our esteemed speakers: prof. Jan Hajič (EuroOpenLLM/Charles University), João Pedro Quintais  (IViR Amsterdam), and Ole Jani (CMS Berlin).

Thank you as well to the representatives from the European Parliament, various PermReps, industry associations, and tech innovators who brought diverse and vital perspectives to the table.