A new study titled “Generative AI and Copyright: Training, Creation, Regulation” (read here) has just been released by the European Parliament investigates the intersection of generative artificial intelligence (AI) and EU copyright law. It offers findings and policy recommendations more effectively aimed at “strengthening authorial control and enhancing legal clarity” pertaining to this ever-evolving field. The report was authored by Nicola Lucchi, PhD and commissioned by the European Parliament’s Policy Department for Justice, Civil Liberties and Institutional Affairs at the request of the Committee on Legal Affairs.

The scope of the study is relevant to cinematic works and audiovisual media more broadly, where copyright-protected art, based on the concept of human authorship, is used to train generative AI systems. Likewise, AI-generated filmic works may also suffer from a lack of protection, making both the input and output sides of concern for policymakers. Some of its key findings include that generative AI is transforming creative workflows and that EU copyright law remains human-centric, largely leaving AI-generated works in a legal grey zone. The author emphasises how generative AI “represents a major shift in digital technology”, necessitating copyright reform to more directly address this space that has been revealed.

The report calls on creating a “balanced regulatory model” that “do[es] not treat innovation and authorship as opposing values”, addressing the intricacies brought about widespread generative AI usage. The author looks in brief to other instances in legal history to address how copyright law evolved to address rapid technological development, highlighting the tension between a pursuit of innovation with proper protection for creators.

Many existing frameworks, for instance, are not adequate or appropriate to address processes like data-mining and training generative models. The report also suggests examples from policy contexts in Japan, the US, and the UK to “inform EU reform”. As emphasised in the text, changing and evolving existing copyright law also means upholding the values of the EU and encouraging its creative economy to grow in different ways.