A question before a proposal

The European Commission has opened a targeted consultation on copyright and technology. AI is one part of it. The Commission wants views on the use of protected work in AI systems, online piracy of live events, remuneration for music performers and producers, and the treatment of scientific research.

Rights holders, generative AI developers, research organisations, consumer groups, public bodies and other affected organisations are among those invited to respond. The deadline is November 3, 2026. The Commission has not published a new copyright law with this announcement, and it has not selected a licensing or payment system.

Why the AI question is hard to separate

Training and running generative models can involve books, images, music and other protected material. Creators want workable ways to protect and license their work. AI developers need to understand which uses are permitted and what evidence of permission or reserved rights is required. Those interests can collide before a model ever produces an output.

In May, the Commission began an earlier call for evidence. It said it would examine the impact of the EU's 2019 copyright directive, including licensing and enforcement, while considering whether additional targeted measures might be needed. This new consultation is a further step in gathering views, not the conclusion of that review.

The distinction matters because the consultation covers more than model training. A photographer's concern about training data is not the same issue as a sports organiser's complaint about an illicit live stream, or a performer's claim to remuneration from recorded music. One headline cannot turn those separate questions into a single finished policy.

What to watch next

The immediate practical opportunity is for affected groups to submit evidence and explain where the present rules do or do not work for them. The Commission's questionnaire is open now. We have not seen a concrete proposal in the September 29 notice requiring all AI firms to buy a new licence, nor a timetable for a bill.

After November 3, the useful questions will be which problems respondents can document, whether the Commission publishes its analysis, and whether any eventual proposal distinguishes training, licensing, enforcement and research use clearly. Until then, the confirmed development is a consultation. The legal outcome remains open.

Sources

  1. European Commission: September 29 copyright consultation noticePrimary notice for launch date, four topics, invited participants, November 3 deadline and potential nature of future measures.
  2. European Commission: targeted consultation questionnaireLive primary questionnaire, redirected to EUSurvey. Confirms that this is a consultation rather than an enacted measure.
  3. European Commission: May call for evidencePrimary background for the prior evidence call and review of the 2019 copyright directive; distinct from the new September consultation.