AI and copyright: the Advocate General considers that the TDM exception applies to generative AI
It all stems from an article about Hungarian singer Kozsó’s dream of introducing dolphins to Lake Balaton. A web user asks Google’s chatbot to summarise the article for them, specifying the website that published it, which belongs to the publisher Like Company. The chatbot complies. For the publisher, this response illustrates Google’s use of its publications without its consent, and it brings a lawsuit. Before… ruling on the merits of the case, the Hungarian judge decides, in 2025, to refer two points relating to European law to the CJEU for a preliminary ruling. Firstly, does training a model involve copying articles and, if so, does the text and data mining (TDM) exception in the 2019 Copyright Directive authorise such copying? And secondly, when a chatbot reproduces an article at a…