On 11 December, the European Commission launched a public consultation on protocols for reserving text and data mining (TDM) rights under the AI Act and the General-Purpose AI (GPAI) Code of Practice.
The consultation aims to support the implementation of the AI Act’s obligation for providers of general-purpose AI models to identify and comply with rights reservations expressed by rightsholders. In particular, it seeks to facilitate the identification and establishment of opt-out protocols that are considered state-of-the-art, technically implementable, and widely adopted across cultural and creative sectors.
As part of this process, the European Union Intellectual Property Office (EUIPO) will support exchanges between stakeholders, including rightsholders, GPAI providers, civil society organisations, standardisation bodies, and other interested parties. Stakeholders are invited to share their views on the technical feasibility and uptake of different TDM opt-out solutions, as identified in the EUIPO study on generative AI from a copyright perspective.
In addition, participants may express interest in taking part in follow-up workshops, which will focus on discussing and agreeing upon opt-out protocols that GPAI providers and Code of Practice signatories must respect under the AI Act. These discussions aim to reach a general agreement on a list of machine-readable opt-out solutions, which the Commission will publish and review regularly, at least every two years.
CEPIC will actively participate in this consultation and strongly encourages members with relevant technological expertise to contribute to the process.
The deadline to respond to the consultation has been extended to 23 January.
Further information, including access to the stakeholder consultation and related Questions & Answers, is available on the European Commission’s website.