EUResearch
SSRN: Geiger says widespread EU TDM opt-outs favor big rights holders and tech firms over creators and startups
Christophe Geiger of Luiss Guido Carli University argues in an October 9, 2026 SSRN paper that freedom of expression should act as the balancing factor in EU text-and-data-mining rules for AI training. He contends that widespread opt-outs under the EU's TDM regime can produce a licensing model that mostly benefits well-resourced content producers and big technology companies, to the detriment of creators who assigned their rights and startups, and proposes a fundamental-rights framework.
Key points
- The 20-page paper, ILEO Research Paper No. 26-05, is forthcoming in the edited volume Copyright and Free Expression in the Age of Algorithms.SSRN
- He argues accurate AI training needs broad data and that expression rights should balance copyright.SSRN
- He criticizes the EU opt-out TDM regime for favoring large content owners and technology firms.SSRN
- He says widespread opt-outs can hurt creators who assigned their rights and startups that cannot afford a complex, costly licensing landscape.SSRN
- He proposes a fundamental-rights EU framework enabling AI training while protecting creators' livelihoods.SSRN