European Union: European Parliament adopted resolution on copyright and generative artificial intelligence-opportunities and challenges

On 28 January 2026, the European Parliament adopted a resolution regarding copyright and generative artificial intelligence (AI) (2025/2058(INI)) to address the use of protected works in training datasets and the status of AI-generated content. The resolution recommends that the European Commission conduct an assessment of whether the current European Union (EU) copyright framework addresses legal uncertainties and competitive effects from the use of protected works for training AI systems. The aim is to uphold a framework where remuneration mechanisms support artistic production. The resolution calls for an immediate remuneration obligation for providers of general-purpose AI models using content protected by copyright or related rights until specific reforms are enacted. It supports raising awareness on copyright among developers and clarifying the text and data mining exception under the Directive on copyright and related rights in the Digital Single Market (CDSM Directive) to establish machine-readable standards for opt-outs. Furthermore, it suggests establishing a legal framework for generative AI through a dedicated exception or by expanding existing provisions, ensuring compatibility with the three-step test of the InfoSoc Directive. The resolution recommends that the European Union Intellectual Property Office (EUIPO) manage a central register for opt-outs and licenses. It calls for transparency and source documentation from AI providers regarding all copyright-protected works used for training or fine-tuning. If transparency obligations are not met, an irrebuttable presumption would apply that protected works were used, making the provider liable for legal costs. The text insists that AI-generated content remain ineligible for copyright protection and remain in the public domain. Finally, the Commission is tasked with exploring measures to counter the infringement of rights through generative AI outputs, and the resolution will be forwarded to the Council and Member States.