A Hungarian case before the CJEU tests EU copyright law regarding AI training on protected journalistic content.
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A seemingly trivial case involving a Hungarian local news aggregator, a pop singer, and Google’s Gemini chatbot has escalated to the Court of Justice of the European Union (CJEU) to determine the extent to which large technology companies can use copyrighted press content to train artificial intelligence (AI) systems without permission or payment. The core legal question is whether copyright law applies when AI models are trained on protected material and subsequently generate answers based on it. While AI developers argue that training involves statistical pattern recognition rather than copying, publishers contend that this process undermines the value of journalism by providing ready-made answers instead of directing traffic to original sources. European law includes directives concerning reproduction and text and data mining exceptions, but their application to commercial AI remains untested. The CJEU’s ruling could significantly impact the future of independent media in Europe; experts warn that if Google’s arguments prevail, private news outlets may cease to exist. The case is significant as it will clarify the practical meaning of copyright compliance under the new EU AI Act, with a final judgment anticipated later this year.
