EU · binding regulation
EU AI Act
EU-AIA-2024
Treatment of Training-Data Rights
implicitRecital 105; CDSM Directive provides primary copyright framework
Primary source: Regulation (EU) 2024/1689
Comparative jurisdictional memo · Training-Data Rights
EU · binding regulation
EU-AIA-2024
Treatment of Training-Data Rights
implicitRecital 105; CDSM Directive provides primary copyright framework
Primary source: Regulation (EU) 2024/1689
CN · binding regulation
CN-GENAI-2023
Treatment of Training-Data Rights
governsArt. 7 (legal source + IP requirements)
Primary source: CAC Order No. 15
On the topic of Training-Data Rights, EU AI Act is classified as implicit and Interim Measures for Generative AI Service Management as governs. The editorial verdict is asymmetric. One regime addresses the topic explicitly while the other covers it only implicitly or not at all; this is a likely site of regulatory arbitrage and a candidate for comparative-law follow-up.
Contested question: Does the EU CDSM Directive's TDM-exemption cover commercial foundation-model training? Major active litigation (NYT v OpenAI, Getty v Stability) and parallel claim regimes in UK/JP/US.