What happened
On 29 September 2026 the European Commission opened a targeted consultation (open until 3 November 2026) assessing whether the EU copyright framework needs additional measures for technological and market developments. The four focus areas are: the use of copyright-protected content in artificial intelligence, combatting online piracy of live events (e.g., AI deepfakes), the single equitable remuneration right for music performers/producers, and copyright of scientific research. It builds on an earlier call for evidence and directly engages the known tension between the 2019 DSM Directive's TDM opt-out and generative-AI training at massive scale.
Why it matters
This is the Commission's first systematic policy inquiry into generative-AI training-data copyright under existing law, and a pre-legislative step that could shift training-data authorization from 'opt-out' toward 'opt-in' and establish licensing registries — echoing the European Parliament's March 2026 resolution. Any change would fundamentally restructure training-data compliance for EU, US and Chinese AI providers operating in Europe, and sets up the EU AI Act overlap on GPAI transparency obligations.
Action needed
Generative-AI providers, rights holders and collective management organisations should respond to the consultation before 3 November 2026 to shape whether the TDM framework shifts to opt-in and what provenance/licensing obligations result.