ABSTRACT
This Opinion paper critically examines the European Parliament’s ‘Report on Copyright and Generative AI’ (‘Voss Report’) adopted on 10 March 2026 and its many proposals. It argues that despite very valid concerns on author’s and performer’s remuneration and interesting ideas on how to improve the existing legal framework of copyright in the EU with regard to Generative AI technology, the Voss Report contains major incoherencies and contradictions, and that the proposed measures are likely to fail reaching the expected result: developing AI innovation in the EU to secure its digital emancipation and competitiveness while at the same time securing a fair remuneration to creators.
The Opinion also highlights the points of contact with the Parliamentary Assembly of the Council of Europe’s ‘Report on Copyright enforcement in the Artificial Intelligence environment’ (‘Jensen Report’) adopted by the Committee on Culture, Science, Education and Media on 12 March 2026 and which will be subject to a vote of the Parliamentary Assembly on 23 April 2026. The analysis shows that, similar to the Voss Report, the Jensen Report – despite laudable intentions and interesting opening statements – takes a right step in the wrong direction and is likely not achieve its goal. Moreover, some of the proposals seem to be in open contradiction with the EU acquis on copyright law so that its impact might be limited to non-EU Members.
While analyzing the two documents, the Opinion draws on several works by members of ILEO and briefly examines possible reform proposals for the future not mentioned in the Reports, such as alternative workable ‘permitted but paid’ mechanisms to remunerate creators more efficiently while at the same time providing the legal security and framework for European Generative AI technology to flourish.
Geiger, Christophe and Bossi, Ludovico and Di Lazzaro, Francesca, The Voss and Jensen Parliamentary Reports on Copyright and Generative AI: A Wrong Step in the Right Direction? (April 7, 2026), Innovation Law and Ethics Observatory (ILEO) Research Paper Series No 26-01.
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