ECONOMIC ARGUMENTS IN FAVOUR OF REDUCING COPYRIGHT PROTECTION FOR GENERATIVE AI INPUTS AND

A key test for the appropriateness of the scope of copyright protection is the impact of a change in protection on the supply of innovative content. [...] Section 2 provides a short overview of the legal arguments in the GenAI and copyright debate, both on the input and on the output sides of media industries. [...] CDSM Art 4 allows free TDM for any purpose, subject to lawful access to the content and the possibility for the copyright holder to block web-scraping by inserting a machine- readable ‘no scraping’ or ‘no robots’ text string in the page, or in the terms and conditions for access to the page. [...] 2.2 The outputs side Novelli et al (2024) summarised the legal questions on the outputs side as reflecting two issues: the possibility of granting copyright to outputs, and the legal relationship between the inputs used for training and the outputs. [...] First, attributing copyright to the owner or developer of the GenAI algorithm boils down to an extension of copyright from the algorithmic code to the output of the algorithm.