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DR THOMAS GLÜCKSTEIN & MARLENE UREK

LAUSEN

With the start of 2025, the European Union continues to shape the legal and regulatory framework to address the various challenges associated with the undergoing digital transformation in all economic sectors. This article explores the key trends shaping the legal media sector in Europe and Germany over the past year with a view to future developments.

The EU Artificial Intelligence (AI) Act adopted in August 2024 expresses a clear commitment to protection of copyright by requiring AI companies to comply with EU copyright laws. However, the legislator left one of the key questions unanswered: If and to what extent do the text-and-data mining (TDM) exceptions as adopted in the EU Digital Single Market Directive apply to AI training?

The first AI related case in Germany Kneschke vs. LAION (Regional Court Hamburg, file no.: 310 O 227/23) in 2024 did not concern AI training, but the reproduction of copyrighted works for preparation of datasets. Such datasets had later been used for AI training by AI providers. The Court ultimately ruled that regarding the preparation of the datasets LAION could invoke the TDM exception for scientific research purposes, however the Court pointed out that the further use of these datasets, e.g. for AI training, is not subject of the judgement. Such question may now be examined by the Regional Court Munich where the German music collecting society (GEMA) has recently filed two claims, one against OpenAI and one against AI music company Suno AI claiming copyright infringement by using GEMA repertoire for AI training and in the output. The creative industry is at the same time trying to protect their interests by adaptation of their contracts, one example being a new collective bargaining agreement of the German performing actor’s union covering the use of generative AI in film, as further discussed in Featured Article.

Besides the adoption of the AI Act, 2024 was also the effective date for the full application of the EU Digital Services Act (DSA). The DSA aims to further reduce illegal content on online platforms and create a safer online environment for users. Due to the wide scope of the application of the DSA, the transparency and control obligations will affect a wide range of online businesses. Likewise, the German implementing Act of the European Accessibility Act (Barrierefreiheitsstärkungsgesetz), effective from 28 June 2025, will oblige private market players to make their websites, apps and e-books, compliant with new accessibility standards.

As we look at other fields of intellectual property law, 2025 will be an important year for design law. On 8 December 2024, the European Union’s amended Design Regulation and the revised Design Directive entered into force. One of the aims of the reform is to modernize – this is the era of digital designs – and harmonize European design law. The changes include expanded definitions of registered designs and products, opening the door to all kinds of digital designs, as well as an expansion of prohibited acts and new limitations. Unfortunately, the reform does not clarify the position of design law with regard to AI-generated designs.

It remains exciting to see how legislation, courts and business will keep pace with the rapid technological developments.

Written by

Helena Jochem & Kim-Laura Linnenberg

Lausen