EU Accused of Leaving ‘Devastating’ Copyright Loophole in AI Act

The European Union has been criticized for failing to address a significant copyright loophole in its Artificial Intelligence (AI) Act, leaving writers, musicians, and creatives vulnerable to exploitation by big tech companies, The Guardian reported. Axel Voss, a key architect of the EU’s 2019 copyright law, labeled the oversight “irresponsible,” stating that the legislation was not designed to handle generative AI systems like ChatGPT, which can produce text, images, and music.

The AI Act, which came into force last year, includes an exemption for text and data mining (TDM), allowing tech companies to use vast amounts of copyrighted material without explicit consent. Voss argued that this exemption was intended for limited private use, not for commercial exploitation by major corporations.

A coalition of 15 cultural organizations has warned that the current draft rules undermine copyright protections, with German author Nina George describing the TDM exception as “devastating.” Creators have no practical way to opt out of having their work used in AI training datasets, and companies are not required to disclose the content they use.

The European Commission has yet to respond to concerns raised in a December 2024 letter from cultural groups, prompting frustration among creatives. While EU officials claim the AI Act balances innovation with rights protection, critics argue it fails to safeguard the interests of artists and creators.