"In sum, if the TDM leading up to the model took place outside the EU, then EU copyright law does not require GPAI model providers to ensure that the resulting model complies with Article 4 CDSMD. Therefore, even if this recital is turned into a binding obligation by national law, its violation does not amount to copyright infringement. It would only be a violation of the AI Act. Even then, since this particular obligation refers back to the “policies to respect copyright” obligation, it seems odd to impose a sanction on a provider for failing to comply with EU copyright law when that provider has, in fact, respected the applicable copyright rules. It seems even stranger to recognize such a deviation from the core principles of EU copyright law based on a recital in a legislative instrument that is only tangentially related to copyright."

https://copyrightblog.kluweriplaw.com/2024/11/28/copyright-the-ai-act-and-extraterritoriality/

#AI #EU #AIAct #GenerativeAI #AITraining #Copyright #CDSMS #Extraterritoriality #TDM