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Giuseppe Abbamonte, who heads media policy at the Commission, noted that the EU’s executive has been locked in ‘endless’ talks with rights holders over whether European copyright rules function effectively in reality when applied to generative AI tools such as OpenAI’s ChatGPT and Google’s Gemini. Opt-out protocol Under Directive (EU) 2019/790—the EU Digital Single Market Copyright Directive, known as the EU DSM Copyright Directive—there is a text and data mining exception that permits content owners to ‘opt out’ of scraping of online material by a reservation of rights. However, implementing it in practice is proving difficult today. ‘The primary hurdle is the absence of a recognised, machine‑readable opt‑out protocol—there is no standardised method to state a reservation of rights,’ Abbamonte observed at the AI and Copyright: policy, challenges and perspectives, Digital Constitutionalism & Policy on 20 June 2024. Rights holders must also be confident that any such protocol enables them to signal an opt‑out across the whole online ecosystem, not merely on their own sites, as...
New technologies Commission unveils first draft Code of Practice on AI content marking The European Commission has released its initial draft Code of Practice on the marking and labelling of AI‑generated content, intended to support adherence to Article 50 transparency obligations under the EU AI Act. Rules for marking and detecting AI content, aimed at providers of generative AI systems. Labelling duties for deepfakes and AI‑generated text on matters of public interest, aimed at deployers of generative AI systems. Feedback from participants and observers is invited until 23 January 2026; a second draft is anticipated by mid‑March 2026, with completion scheduled for June 2026. The transparency obligations for AI‑generated content will apply from 2 August 2026. The Code is voluntary and offers a way to demonstrate compliance with requirements for providers to apply machine‑readable marking and for deployers to clearly label deepfakes and AI‑text publications on matters of public interest...