preprint Open access

Who Bears the Cost? The EU's Emerging Answer to AI Training and Copyright

  • Zenodo (CERN European Organization for Nuclear Research)
  • European Organization for Nuclear Research
Research footprint

At a glance

Citations
0
References
0
Comments
0
Paper overview

Abstract

In November 2025, the Munich Regional Court held, in GEMA v OpenAI, that training a language model on copyrighted material without a licence infringes German copyright law where the model memorises and verbatim-reproduces protected expression. That decision is now on appeal, with a hearing before Germany's Federal Court of Justice scheduled for 3 September 2026 — the same day the Advocate General of the Court of Justice of the European Union is due to deliver a non-binding opinion in Like Company v Google Ireland (C-250/25), the first reference to the CJEU on generative AI and copyright. Alongside these judicial developments, the European Parliament has adopted a resolution proposing a mandatory licensing scheme charging AI providers 5–7% of global turnover. This paper argues that both the blanket permissiveness of a broad text-and-data-mining exception and the blanket cost of a flat mandatory licence miss the distinction the Munich court actually drew — between learning statistical patterns (functional, and largely unobjectionable) and reproducing protected expression verbatim (the actual point of harm). A liability rule targeting verbatim output, rather than training or turnover as such, better tracks that distinction — and better protects smaller AI developers, including those based in emerging markets, from a flat cost of entry that large incumbents absorb without difficulty.

Record transparency

Publication details

DOI
10.5281/zenodo.21468581
OpenAlex
W7169846838
Document type
preprint
Language
EN
Source
Zenodo (CERN European Organization for Nuclear Research)
Last metadata update
Community

Comments

Log in to join the discussion.

  1. No comments yet. Start the discussion.