Gianpaolo Todisco - Partner

August 2, 2025, the key date for the entry into force of obligations under the AI Act (EU Reg. 2024/1689), is just a short time away. By then, providers of generative artificial intelligence models will have to ensure copyright compliance in text and data mining (TDM), allowing rights holders to exercise the opt-out option.

But how, concretely, is this reservation exercised?

Current technical solutions-such as the outdated robots.txt-do not convince the cultural sector. More targeted alternatives, such as Spawning or ai.txt, are emerging, but the picture remains fragmented. The recent Hamburg Court ruling (Kneschke/LAION, Sept. 27) recognized the validity of an opt-out expressed in natural language, reviving the debate over how to interpret the regulation.

A single register for the opt-out?

To bring order, the European Commission is considering the creation of a central register of reservations. It could be managed by the AI Office or EUIPO, and would serve to provide a clear and accessible platform for those who wish to exclude their works from AI model training.

But questions remain:

Who will bear the running costs?
Doesn't it risk becoming a bureaucratic hurdle for creators?
Why formalize a right already protected by law?

Innovation yes, but not at the expense of copyright

Europe is banking on artificial intelligence, but it will have to do so while also protecting the work of authors, publishers and content creators. The solution? Perhaps a simple, shared standard for opting out, without complications or gray areas.

The debate is open. The clock is ticking.