Max Planck position statement on copyright and generative AI

AI training and copyright

Can AI be trained on protected works?

Closer to only with permission or pay

Proposes an AI development right and an AI exploitation right, with fair compensation

What it says

Responding to the European Commission's call for evidence, the Institute proposes two new rights. Webscraped training would fall under an exception paired with a right to fair compensation; other content would be licensed voluntarily; making AI output available would go through mandatory collective management with extended collective licensing; authors and performers keep a residual right to equitable remuneration. It also calls for technology-neutral transparency and information obligations. Published in GRUR International on 9 October 2026 (revised 1 August 2026).

A leading EU research institute backs paying creators for AI training rather than banning or freely allowing it.

Sources