AG Szpunar Opinion Like Company: First EU AI Copyright Referral to CJEU

• Advocate General Szpunar delivered his long-awaited Opinion in the case Like Company, C-250/25.
• This Opinion marks the first referral to the CJEU concerning copyright and related rights in Artificial Intelligence.
• The Opinion addresses several key questions regarding AI and intellectual property in the EU.
• The CJEU has been advised not to answer questions specifically on Large Language Model training.
• This Opinion is crucial for understanding the future of AI copyright and related rights in the European Union.

Lawyers and compliance officers throughout the EU should meticulously review the AG Szpunar Opinion in Like Company.

Advocate General Szpunar has recently issued his much-anticipated Opinion in the case known as Like Company, identified as C-250/25. This development marks a significant moment for intellectual property law within the European Union, as it represents the initial instance of a referral reaching the Court of Justice of the European Union (CJEU) that directly grapples with the complex intersection of copyright and related rights with Artificial Intelligence (AI) technologies. The delivery of this Opinion has been keenly awaited by legal professionals and industry stakeholders alike, given the rapid advancements in AI and the corresponding challenges these pose to existing legal frameworks.

This Opinion from Advocate General Szpunar is poised to offer crucial guidance on a range of issues pertaining to AI and copyright in the EU. Its arrival signifies the CJEU's first direct engagement with these novel legal questions, setting a potential precedent for how future AI-related intellectual property disputes might be approached across member states. The case Like Company, C-250/25, therefore, holds considerable weight for the evolving landscape of digital rights and technological innovation.

The Opinion delivered by Advocate General Szpunar in the Like Company case tackles a multitude of questions concerning the application of copyright and related rights in the context of Artificial Intelligence. This comprehensive examination is particularly relevant as AI systems increasingly generate or interact with copyrighted material, raising fundamental questions about authorship, infringement, and the scope of protection. The referral to the CJEU underscores the urgent need for clarity in this rapidly evolving domain, where traditional legal concepts often struggle to accommodate new technological realities.

Even with this caveat, the Advocate General Szpunar Opinion provides a foundational analysis for understanding AI copyright in the EU.

The Advocate General Szpunar Opinion in Like Company, C-250/25, while not directly addressing LLM training, still offers critical insights for the future interpretation of copyright and related rights concerning Artificial Intelligence. This landmark take on several questions facing AI and copyright/related rights will undoubtedly influence how developers, content creators, and legal practitioners approach AI-driven innovation and intellectual property protection within the European Union. The guidance provided, even if partial, establishes a framework for future discussions and potential regulatory developments.

Lawyers and compliance officers throughout the EU should meticulously review the AG Szpunar Opinion in Like Company. Its findings will be instrumental in shaping strategies for AI development, content licensing agreements, and the broader protection of intellectual property in an AI-driven economy. The fact that this is the first referral of its kind to the CJEU regarding AI and copyright/related rights underscores its importance as a foundational document for understanding the trajectory of AI-related legal issues in Europe.

Lawyers and compliance officers in the EU should thoroughly review AG Szpunar's Opinion in Like Company as it provides critical insights into the potential future interpretation of copyright and related rights in the context of Artificial Intelligence. This opinion will inform strategies for AI development, content licensing, and intellectual property protection, even if specific LLM training questions are not directly addressed by the CJEU.

Source: Original reporting via IPKat analysis.