The role of the data mining exception in generative artificial intelligence (AI) - an european perspective

Advances in artificial intelligence (AI) technologies have driven the development of generative AI, capable of producing a wide range of content. However, the training of these systems raises significant questions regarding the protection and enforcement of copyright for the content used for these purposes. In this context, this article aims to analyze the role and suitability of the data mining exception ('Text and Data Mining') in the field of generative AI, focusing on the legislative framework of the European Union (EU). The article concludes by arguing that although data mining has considerable potential for AI development and its integration into the EU legislative framework is crucial, both the structure of the exception and the diversity of national approaches do not provide a regulatory framework that allows for its harmonized application across the EU, and this could undermine its use in the GenAI field.