The Hungarian judge has asked the European Court of Justice about the interpretation of European law on the relationship between generative AI and copyright. The answers, which will not arrive for another 18 months, are eagerly awaited by the tech and creative sectors. It was a matter of time. We knew it: sooner or later, one jurisdiction or another across the EU was bound to question the EU Court of Justice (ECJ) on the application of European copyright law to the emerging field of generative AI. Among the most pressing questions is the status of training data: this is at the heart of the almost forty lawsuits currently taking place in the USA. And at the heart of this issue is the applicability, or otherwise, of the 2019 directive’s text and data mining exception to…
