Decisions · Policy · European Union

The Development of Generative AI from a Copyright Perspective

EUIPO (with the European Commission) · 2025-05 · Proposal · non-binding

EUIPO study, May 2025

AI training and copyright

Can AI be trained on protected works?

No position

No common standard yet for opting out of AI training or labelling AI content

Why hereNot placed: a mapping study. It finds there is no common standard for opting out or labelling, but does not recommend an answer to the training question.

What it says

The EUIPO study maps how generative AI uses protected works and finds there is no common standard for expressing a reservation of rights under the text and data mining exception, or for disclosing synthetic content.

The opt-out exists in EU law, but there is no agreed way to do it yet. Use machine-readable methods.

Sources

This record

Data as of 2026-10-21.

Drafted with AI assistance and checked against the sources linked above; not yet reviewed by a lawyer. Methodology

Changes

  • 2026-10-20Reclassified as descriptive work: no longer coded as a position (was in the middle) or counted as backing the proposal to fix the opt-out.