Please use this identifier to cite or link to this item: https://hdl.handle.net/10419/323685 
Authors: 
Year of Publication: 
2025
Citation: 
[Journal:] IIC - International Review of Intellectual Property and Competition Law [ISSN:] 2195-0237 [Volume:] 56 [Issue:] 5 [Publisher:] Springer [Place:] Berlin, Heidelberg [Year:] 2025 [Pages:] 909-938
Publisher: 
Springer, Berlin, Heidelberg
Abstract: 
The training of generative artificial intelligence (AI) models requires the collection and analysis of a staggering amount of data, most of which consist of copyright-protected works. To date, the question whether reproductions of these works are created inside the models during their training has seldom been discussed. This is a serious blind spot in the debate given that such reproductions – e.g., inside ChatGPT’s or Stable Diffusion’s models – could be made available to end users and, therefore, to the public when AI services are offered online. Under the InfoSoc Directive, this might be copyright infringement. EU Member States’ national copyright laws would then apply and their national courts would have international jurisdiction. Seen in this light, the widely propagated narrative that non-EU AI developers are not subject to EU copyright law is an illusion.
Subjects: 
Generative AI
Copyright
InfoSoc Directive
Making available to the public
Choice of law
Jurisdiction
Persistent Identifier of the first edition: 
Creative Commons License: 
cc-by Logo
Document Type: 
Article
Document Version: 
Published Version

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