Generative AI and Intellectual Property: an analysis of the March 2026 European Parliament resolution

​The recent resolution on “Copyright and Generative Artificial Intelligence – Opportunities and Challenges,” adopted by the European Parliament on March 10, 2026, marks a significant evolution in the coordination between the development of Generative Artificial Intelligence systems and the protection of intellectual property rights. The measure addresses the complex dialectic between technological innovation and the safeguarding of creative assets, outlining a liability framework aimed at overcoming the current asymmetries between technology providers and rights holders.

Strengthening transparency obligations

The core of the resolution lies in the reinforcement of transparency obligations for providers of general-purpose AI models. The Parliament requires the provision of analytical and detailed inventories of the data utilized during the training phases.

This obligation is not limited to models trained within the Union but extends to any system placed on the European single market, regardless of the jurisdiction in which the training process occurred. From a technical-legal perspective, the absence of such documentation would prevent rights holders from verifying the potential unauthorized use of their works, effectively rendering copyright protection ineffective.

A new licensing market

The resolution clarifies that the use of protected content for training models aimed at generating competitive output cannot be subsumed under the ordinary remuneration-free exceptions for Text and Data Mining (TDM).

Consequently, the need for a structured licensing market emerges. The European legislator suggests:

• Negotiation of voluntary licenses: encouraging agreements between rights holders and developers for dataset access.
• Collective rights management: the involvement of collective management organizations to facilitate large-scale licensing.
• Fair and proportionate remuneration: the introduction of criteria to compensate authors for past uses of their content, where such uses were not previously authorized or remunerated.

Opt-out and control for rights holders

A pivotal point concerns the right to object (opt-out). The resolution calls for the adoption of common technical standards to ensure that rights reservation clauses are easily machine-readable.

A central role is envisioned for the EUIPO (European Union Intellectual Property Office) in managing centralized registries that allow authors to formally and technically declare their intent to exclude their assets from commercial training processes.

Protection of the information and press sector

Particular attention is devoted to the protection of publishing and journalism. The Parliament highlights the risk of eroding information pluralism should AI systems aggregate and present journalistic content without adequate remuneration for publishers.

The measure aims to ensure that newspaper publishers and news agencies maintain control over the digital distribution of their content, ensuring that its use for training purposes or the generation of synthetic news is subject to agreements that respect the neighboring rights already established by European regulations.

AI-Generated content and individual protection

The resolution also addresses the issue of output, establishing a clear distinction between human creativity and automated production:

• Exclusion from copyright protection: it is reaffirmed that content generated entirely by AI systems, lacking original human creative input, cannot benefit from copyright protection.
• User transparency: a clear labeling obligation applies to content generated or manipulated by AI (e.g., deepfakes) to prevent the manipulation of public opinion and to protect individuals' right to their image and reputation.

Conclusion

The adoption of this resolution anticipates a phase of intense regulatory and promotional activity. Technology companies are called upon to review their datasets, while creative enterprises must define proactive strategies for the valuation of their IP portfolios.

van Berings provides legal assistance and consultancy in Intellectual Property and new technologies, supporting clients in managing compliance profiles and protecting intangible assets within a constantly evolving regulatory landscape.