The future of copyright in the AI era: European Commission consultation ends 10 November
On 29 September 2026, the European Commission launched a consultation seeking stakeholder feedback on potential measures to strengthen the EU copyright framework in response to technological developments, with a particular focus on the challenges presented by generative artificial intelligence (GenAI).
Open until 10 November, the consultation follows the Commission’s May 2026 call for evidence and reflects feedback gathered during that preliminary consultation process. It forms part of the Commission’s broader review of the EU copyright framework and seeks to identify measures to strengthen the resilience and competitiveness of Europe’s cultural and creative sectors while supporting research and innovation. The consultation focusses on a few areas; some key ones are outlined below.
Use of copyright-protected content in GenAI
The consultation looks at the use of copyright-protected works in GenAI systems and the challenges arising from such use. The European Commission is seeking feedback on whether the current EU framework provides adequate legal certainty for both rightholders and AI developers, particularly in relation to the control, licensing and remuneration of copyright-protected content used for AI purposes.
It also considers the challenges faced by performers in connection with AI-generated imitations of their personal characteristics and performances, often referred to as ‘impersonifications’, which raise complex legal issues that may extend beyond traditional copyright protection.
Copyright and scientific research
The European Commission is also reviewing the extent to which copyright law facilitates scientific research and innovation. It highlights concerns arising from the optional nature of the copyright exception for scientific research under Directive 2001/29/EC. The varying implementation of the exception across member states presents challenges for cross-border research collaboration. Although the exception is intended to facilitate scientific research, differences in national approaches can create legal uncertainty for researchers and institutions operating across multiple jurisdictions, requiring them to deal with an inconsistent copyright landscape.
Online piracy of time-sensitive content
The threat posed by online piracy of live events and other time-sensitive copyright-protected content to the creative and sporting sectors is also being examined. The European Commission notes that existing EU measures, including previous recommendations, appear to have had only limited success in tackling this issue.
For businesses operating in the creative, technology and research sectors, this is an important opportunity to influence the direction of policy before any proposals emerge, and it is encouraging to see some of these important issues are being considered. The results of the consultation are awaited with interest.
This article was co-written by Sheelpa Maroo, trainee solicitor in the IP, IT and commercial team.