Is the EU’s copyright legislation fit for purpose in the AI context?

The European Commission has launched a call for evidence to support its review of EU copyright law.

The EU Digital Single Market (DSM) Directive was meant to be implemented by EU member states by 7 June 2021 (although it was delayed in some member states). Five years later, it’s time for a review of this Directive.

In addition, the European Commission is undertaking a targeted review of EU copyright law.

In the AI context, this means there are three topics under consideration:

1. A review of the text and data mining exceptions under the DSM Directive (as part of the overall review of the Directive).
2. More generally, the European Commission is considering if it needs to take steps to address the challenges raised by (generative) AI for the licensing and enforcement of copyright and related rights and the remuneration of rights holders for use of their works, while also considering how to make it easier for generative AI providers/developers to access copyright-protected content.
3. Personality rights are also on the agenda. The European Commission recognises the challenges faced by performers as a result of AI being used to generate “imitations of their personal characteristics and performances” and is considering ways to strengthen protections for performers.

The call for evidence is open until midnight Brussels time on 25 June 2026.

Anyone can provide feedback, including rights holders, performers, AI developers, other actors in the AI value chain, collective management organisations, and live events organisers.