As the European Artificial Intelligence Act (AI Act) comes into force, artist groups such as the European Composer and Songwriter Alliance (ECSA) and the European Grouping of Societies of Authors and Composers (GESAC) criticize the legislation for failing to adequately protect creators whose works are used to train generative AI models. They highlight significant loopholes, including the lack of clear mechanisms for artists to opt out or receive compensation when their copyrighted music, books, and films are scraped for AI training. While the AI Act aims to ensure AI is safe, transparent, and non-discriminatory, most generative AI is classified as minimal risk, requiring only some transparency about training data but not addressing retroactive use of copyrighted material, leaving artists uncompensated for past exploitation.

The European Commission insists that AI providers must respect existing copyright laws and that the AI Act does not override these protections, but artists report difficulties in enforcing their rights, with many attempts to secure licenses or opt out ignored by AI companies. Advocates urge the Commission to clarify opt-out rules, mandate licensing negotiations, and strengthen copyright safeguards to ensure fair remuneration. Meanwhile, legal battles, such as Germany’s GEMA suing AI firms like OpenAI, may influence future enforcement. Compliance deadlines for AI companies are set for 2026 and 2027, but artists remain concerned that without stronger measures, their creative works will continue to be used without proper recognition or payment.