Source: GamingTechLaw

GamingTechLaw – The article analyzes the implications of a recent Delaware court ruling on the use of copyrighted data for AI training, contrasting it with the EU's Text and Data Mining (TDM) exception. In the US, the court reaffirmed that AI model training could qualify under fair use, a doctrine that provides flexibility in copyright law.

Meanwhile, the EU applies a more structured and narrower legal framework under the Copyright Directive, where TDM exceptions only apply under certain conditions and may be opted out by rightsholders. This difference creates regulatory friction for companies operating transatlantically.

The author warns that absent harmonization, AI developers face legal uncertainty and compliance risks when training models across jurisdictions.