AI and Copyright: What Does European Law Say?

AI, Copyright & Creativity — Part 2 of 4

When artists share their work online, they do not give up their copyright. In Belgium and across the European Union, original artworks generally receive protection automatically.

Does that mean an AI company always needs permission before using an artwork for training? Not necessarily.

What is text and data mining?

European copyright law includes exceptions for text and data mining: using computers to analyse large quantities of material. Under certain conditions, lawfully accessible works can be analysed without asking each creator individually.

For the general exception, however, rights holders can reserve their rights in an appropriate way. For material published online, this may involve machine-readable instructions.

What is changing?

The EU Artificial Intelligence Act requires providers of general-purpose AI models to adopt copyright-compliance policies and publish summaries of their training content.

In March 2026, the European Parliament also called for greater transparency, effective ways to exclude protected works from training, and fair remuneration for creators. Those recommendations are not, by themselves, new binding copyright rules.

There is still uncertainty about how these protections work in practice. But the discussion has moved towards accountability, licensing and the choices available to artists.

For independent artists, understanding the difference between existing law and proposed changes is increasingly useful.

Next Friday: If an artist uses AI as a tool, who owns the finished artwork?

Further reading: EU Copyright Directive, Article 4 · European Commission — General-purpose AI obligations · European Parliament — March 2026 recommendations