General-purpose AI models, in particular large generative AI models, capable of generating text, images, and other content, present unique innovation opportunities but also challenges to artists, authors, and other creators and the way their creative content is created, distributed, used and consumed. The development and training of such models require access to vast amounts of text, images, videos and other data. Text and data mining techniques may be used extensively in this context for the retrieval and analysis of such content, which may be protected by copyright and related rights. Any use of copyright protected content requires the authorisation of the rightsholder concerned unless relevant copyright exceptions and limitations apply. Directive (EU) 2019/790 introduced exceptions and limitations allowing reproductions and extractions of works or other subject matter, for the purpose of text and data mining, under certain conditions. Under these rules, rightsholders may choose to reserve their rights over their works or other subject matter to prevent text and data mining, unless this is done for the purposes of scientific research. Where the rights to opt out has been expressly reserved in an appropriate manner, providers of general-purpose AI models need to obtain an authorisation from rightsholders if they want to carry out text and data mining over such works.
AI Act Recital EN
Recital 105
Related across sources
Guidance Guidelines 8/2020 on the targeting of social media users Guidance Guidelines 9/2022 on personal data breach notification under GDPR Guidance Version history Guidance Guidelines 02/2022 on the application of Article 60 GDPR Guidance Guidelines 01/2022 on data subject rights - Right of access Guidance Guidelines 07/2020 on the concepts of controller and processor in the GDPR