INSIGHT: AI and Copyright: Building a Balanced Framework for Europe’s Digital Future 

As Europe navigates the next phase of its digital transformation, the intersection of artificial intelligence and copyright is emerging as a defining issue for policymakers and digital industry stakeholders alike. For Internet Service Providers and digital infrastructure operators at the heart of Europe’s online ecosystem, ensuring a regulatory environment that is both balanced and innovation-friendly is essential.  

The ability to train AI systems efficiently and transparently depends on access to large and diverse datasets, many of which include works protected by copyright. In this context a clear, harmonised European approach to text and data mining (TDM), grounded in the principles of legal certainty and technological neutrality is essential. Fragmented national interpretations or overly restrictive licensing requirements risk hindering innovation, undermining Europe’s digital competitiveness, and discouraging smaller players from participating in AI development. 

The European Commission’s recent Digital Omnibus proposal—aimed at streamlining overlaps between the GDPR, the AI Act, and other digital regulations—signals a welcome step toward greater regulatory coherence. By recognising AI training as a legitimate basis for data processing, subject to robust safeguards, the proposal also aligns with EuroISPA’s longstanding position that innovation and rights protection are not mutually exclusive. At the same time, coordinated definitions of data use and clearer compliance pathways will help providers across the internet value chain to fulfil obligations responsibly and efficiently. 

The way forward must rest on open standards, proportional obligations, and shared accountability. Intermediaries and service providers play a vital enabling role in Europe’s digital economy but should not be overburdened with copyright enforcement duties that go beyond their technical and legal capacity. Instead, collaboration between rights holders, developers, and policymakers—supported by transparency mechanisms and fair attribution practices—can create a sustainable foundation for both creation and innovation. 

Ultimately, Europe has the opportunity to shape a futureproof digital copyright and AI framework that supports creativity, safeguards fundamental rights, and ensures that European networks remain the trusted backbone of digital progress. That balance—between trust, freedom, and innovation—is the cornerstone of a resilient and competitive European internet.