The rapid rise of generative AI continues to test the boundaries of copyright law. In response, the European Commission has launched a targeted consultation examining whether the EU's existing copyright framework remains fit for purpose in an AI-driven world. The consultation, which opened on 29 September 2026 and closes on 3 November 2026, runs along similar lines to that not so recently run by the UK government and signals ongoing consideration of further intervention to address the growing tensions between AI developers, rights holders and creators.
Looking beyond AI training
Much of the public debate so far has focused on the use of protected works to train AI models. However, the Commission's consultation takes in broader considerations. It distinguishes between three separate stages of the AI lifecycle:
- The use of copyright-protected content for training models.
- The use of content during the inference stage.
- AI-generated outputs, including outputs that imitate performers, artists or creators.
The key issues
The Commission is asking stakeholders to identify the most pressing challenges they face with the current system. Among the issues highlighted are:
- Legal uncertainty surrounding the scope of the text and data mining exception.
- The absence of standardised machine-readable opt-out mechanisms.
- A lack of transparency regarding how copyrighted content is used by AI platforms.
- Limited licensing and remuneration opportunities for creators.
- Practical enforcement difficulties.
- Concerns regarding access to high-quality training data.
Taken together, these issues illustrate the balancing act facing policymakers as they seek to support innovation while ensuring creators retain meaningful control over their works.
Three possible paths forward
As with the UK government’s consultation, the Commission appears to be keeping all options on the table with three potential approaches:
- Maintaining the status quo, relying on the existing framework, including the Digital Single Market Directive and the EU AI Act,
- Encouraging voluntary cooperation, through industry-led initiatives and non-legislative solutions, or
- Introducing new legislative measures, creating additional copyright protections and obligations at EU level.
New enforcement tools under consideration
The Commission is also seeking views on a range of possible enforcement mechanisms designed to improve transparency and copyright compliance.
These include:
- An EU-wide copyright opt-out registry.
- Obligations on web crawlers and AI agents to identify themselves and state their purpose.
- Record-keeping requirements.
- Independent audit obligations.
- Rebuttable presumptions of use in certain circumstances.
If implemented, these measures would significantly alter the compliance landscape for AI developers and operators.
Licensing and remuneration back in the spotlight
The consultation also indicates that the Commission is actively exploring the issue of whether existing licensing mechanisms are effective and whether creators are receiving adequate compensation for use of their content by AI platforms. The friction between developers and rights holders, whose content is essential in AI development, continues and was an issue the UK government sought views on in its own consultation. There is a focus on ensuring that any future AI ecosystem delivers economic benefits not only to developers, but also to rights holders whose content underpins the technology.
Why it matters
The consultation is ultimately asking a fundamental question: can the EU’s existing copyright framework accommodate the realities of generative AI, or is further intervention required? While it remains to be seen whether the Commission will opt for legislative reform, the consultation demonstrates that questions around AI training, AI-generated outputs, transparency, enforcement and creator remuneration are firmly on the EU copyright agenda. Businesses developing AI tools, alongside rights holders seeking greater control over how their content is used, will be watching this space closely. The consultation suggests that the EU is moving beyond the narrow question of AI training and is beginning to grapple with the wider lifecycle of generative AI. The outcome may signal copyright reform across the EU which would potentially have significant implications for the relationship between AI developers and rights holders.
