The Training of AI Models in the Context of the EU Copyright Law and the AI Act

This paper deals with legalities in the EU associated with AI models, especially during their training phase. It addresses the exceptions for text and data mining in the Arts. 3 and 4 of the Directive (EU) 2019/790 (DSM Directive), and Art. 53 of the AI Act. The latter contains provisions ensuring that AI model providers respect copyrights and related rights. It also explains providers’ potential civil liability for breaching the obligations set forth in Art. 53, based on their equivalence with service providers, as referred to in the Digital Services Act (DSA).