Copyright law in European Union law and artificial intelligence in a transnational perspective

Abstract

This article analyzes the complex interplay between European Union copyright law, the AI Act, and Private International Law. It examines the conflict between the EU’s ambition to set global AI standards (the “Brussels Effect”) and the principle of territoriality governing copyright, which creates legal uncertainty for AI developers operating outside the EU. The analysis focuses on the application of the Rome II and Brussels I bis regulations to determine applicable law and jurisdiction in cross border infringement cases. Key issues include the enforceability of the TDM “opt-out” mechanism and the unresolved legal status of AI-generated