Nicola Lucchi, a Serra Húnter associate professor of Comparative Law at the UPF Department of Law, has conducted the study entitled “Generative AI and Copyright. Training, Creation, Regulation”, which analyses the challenges posed by generative artificial intelligence for copyright and for the basic principles of current European legislation in this field. The study examines the implications of generative AI systems for EU copyright law and proposes possible policies to ensure fairness, transparency and legal clarity in the face of rapid technological change.

“Generative AI and Copyright” (full report in English published on the Parliament’s website), commissioned by the Policy Department for Justice, Civil Liberties and Institutional Affairs of the European Parliament, at the request of the Committee on Legal Affairs (JURI), was presented by professor Lucchi at the Brussels headquarters of the European Parliament (Altiero Spinelli building) on 4 June. The presentation was part of a workshop that addressed the relationship between generative AI and copyright, based on the legal, technological, economic and creative aspects of this complex issue.

“The proper response is not to make copyright law fit AI, but to ensure that AI development respects the core legal and policy principles of EU copyright, including authorship, originality, and fair remuneration”

In his report, Nicola Lucchi highlights the uncertainties and legal discrepancies between training artificial intelligence systems to learn patterns and generate new content (the process whereby generative AI models are fed large amounts of data, including texts, images, etc.) and the current exceptions of text and data mining. “These developments pose structural risks for the future of creativity in Europe, where a rich and diverse cultural heritage depends on the continued protection and fair remuneration of authors”, he asserts.

Against this backdrop, “the proper response is not to make copyright law fit AI, but to ensure that AI development respects the core legal and policy principles of EU copyright, including authorship, originality, and fair remuneration”, notes the author, who assures that the EU is well positioned to respond to two underlying structural risks: the erosion of authors’ power of fair negotiation in negotiations concerning the uses of AI training, and the displacement of human creativity through the mass deployment of generative content through digital platforms.

Main conclusions and recommendations of the study

The report consists of four distinct parts: Introduction and context; Use of copyright-protected works to train generative AI (on the input side of the process); Legal status of AI-generated outputs (on the output side) and finally, Policy options and recommendations.

It describes three possible future scenarios for European creative sectors (optimistic: guided progress; intermediate: litigious status quo, and regressive: creative erosion), depending on the degree of regulatory intervention adopted for 2030, and presents the main conclusions summarized in five points:

• EU text and data mining (TDM) was not designed to accommodate the expressive and synthetic nature of generative AI training, and its application to such systems risks distorting the purpose and limits of copyright exceptions.
• Fully machine-generated outputs should remain unprotected; AI-assisted works require harmonized protection criteria.
• A statutory remuneration scheme is essential to bridge the growing value gap between creators and AI developers.
• The fragmented governance landscape in the EU underscores the need for more coherent, cross-sector institutional responses.
• Without timely reform, the EU risks legal uncertainty, market concentration, and cultural homogenization.

In the recommendations section, among others the report highlights the need to close regulatory gaps, clarify normative boundaries, reinforce safeguards and procedural protections, and foster inclusive governance. The final goal of Nicola Lucchi’s proposal is to “articulate a balanced regulatory model—one that enables responsible AI development, ensures respect for human creativity, and reinforces Europe’s dual leadership in technological advancement and cultural production”.