@misc{9228003,
  abstract     = {{This thesis examines the possibility of administering DSM Directive (Directive on Copyright in the Digital Single Market) Article 4 to the training of generative AI. As copyright in general evolved before the major breakt-hrough of AI, the application of law is increasingly contested in the context. 
The level of protection in established EU-law is high, particulary regarding works created with human effort. At the same time, AI relies on large-scale reproduction of such works, raising the question of whether the process challenges the reproduction right and if it in such case can be justified under existing infringements. The DSM Directive contains specific infringements regarding TDM (text and data mining), a process relevant for AI training, which involves copying works to extract data.
Precedents from the Court of Justice of the European Union regarding interpretation of copyright exceptions show a tendency towards restrictive interpretation in favor of a high level of protection. However, a balancing of interests is invoked. Rules are interpreted in accordance with their purpose and remain subjects to the ”threesteptest ” which limits their application to special cases, that do not conflict with normal exploitation, and do not unreasonably prejudice the author's legitimate interests.
The study shows that training of generative AI systems can constitute TDM from a technical perspective and fall within the scope of Article 4 of the DSM Directive. Such application can fulfill the threesteptest, but in practice the opposite is probably most often true. Moreover, the scale and purpose of AI-training risk of being in conflict with the directive’s objective. 
The thesis therefore concludes that, while Article 4 may in principle be applicable to AI training, its scope should be intepreted restrictively. In any event, the application is in practice determined by the rightholder’s right to opt-out in accordance with Article 4(3) of the DSM Directive.}},
  author       = {{Sandkull, Anna-Maria}},
  language     = {{swe}},
  note         = {{Student Paper}},
  title        = {{Immaterialrättens gränser i den fjärde industriella revolutionen}},
  year         = {{2026}},
}