EU court to rule on AI impact on press rights

The Court of Justice of the European Union (CJEU) is examining the extent to which AI-powered chatbots can reproduce press content without infringing on copyright. Advocate General Maciej Szpunar recently issued an opinion in a case between Hungarian media operator Like Company and Google, marking the first time generative AI disputes have reached the high court.

The case centers on whether Google’s Gemini service infringed on copyright by using articles to train its large language models (LLMs) and subsequently summarizing them for users. The Advocate General noted that while training AI on publicly available data is generally permissible under EU law, the situation changes when the AI’s output replicates the expression of the original media so closely that it renders access to the source unnecessary.

Google responded by asserting that its models are designed to generate original content rather than reproduce existing works. The tech company emphasized that it provides mechanisms for publishers to opt out of having their content used for AI training purposes.

The final ruling is expected in approximately six months. While the court is not legally bound by the Advocate General’s opinion, its recommendations frequently influence the final judgment, setting a significant precedent for the tech and media sectors.