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Regulation Daily Brief

AI Copyright Law Is Being Written Right Now, Three Pressure Points, No Consensus, and a Clock That's Running

The US and EU are resolving the AI copyright question through entirely different mechanisms simultaneously: a US senator is trying to codify it, the White House is deferring it to courts, Europe's highest court is litigating it, and a major AI company is proposing to buy out of it. None of these tracks are coordinated. Any one of them could set the terms. Compliance teams have to watch all of them.

There’s no agreement on whether training a large language model on copyrighted content is legal. That’s not a gap waiting to be filled, it’s the active state of the law in 2026, on both sides of the Atlantic.

Three distinct tracks are running in parallel right now. They don’t coordinate with each other. They may produce outcomes that directly conflict. Understanding all three isn’t optional for any AI company that trains models, uses third-party models trained on scraped data, or operates in markets where this question is moving toward resolution.

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