Can AI Use Copyrighted Content? EUIPO’s New Study Breaks It Down

What creators, developers, and businesses need to know about the legal future of Generative AI in the EU.

The European Union Intellectual Property Office (EUIPO) has just released a major study that dives into one of today’s most urgent legal questions: Can Generative AI (GenAI) legally use existing content to create something new?

GenAI systems rely on huge amounts of data—often pulled from books, songs, art, and other protected works. This raises big concerns for artists, developers, and copyright holders alike.

The new report, “The Development of Generative Artificial Intelligence from a Copyright Perspective”, shines a light on how GenAI works, what rights need to be respected, and how the law is (and isn’t) keeping up.

EUIPO’s report unpacks where EU copyright law applies today and where it still falls short.

It highlights how tools like opt-out systems, licensing agreements, and transparency standards can help protect creators while still supporting innovation. It also looks at the growing market for AI training data and how this could offer new income streams for rights holders—if the right rules are in place.

Whether you’re a business building AI tools or a creator trying to protect your work, the message is clear: copyright frameworks are essential in this new era of machine-made content.

This study is more than just analysis—it’s part of the EUIPO’s larger mission to shape the future of copyright in the digital world.

The office has long supported creators with tools like the orphan works database and the out-of-commerce works portal. Now, it’s preparing to launch a new Copyright Knowledge Centre in November 2025—a hub for resources, tools, and guidance on navigating copyright in the age of AI.

As EUIPO Executive Director João Negrão put it, the study calls for “coordinated, forward-looking action”—and for everyone involved to step up, from policymakers to tech developers to legal professionals.

We can help. Whether you’re training an AI model or protecting your content, our legal team is here to guide you through the shifting IP landscape. Contact us for tailored advice.

Text: ‘EUIPO Releases Study on Generative Artificial Intelligence and Copyright’. EUIPO, https://www.euipo.europa.eu/en/news/euipo-releases-study-on-generative-artificial-intelligence-and-copyright. Accessed 15 June 2025.

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