Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 17 NOVEMBER 2025

Market Intelligence Thought Leadership Award Winner

GEMA v. OpenAI – Europe's Direction On AI Infringement?

William Fry LLP
William Fry LLP
Contributor
William Fry LLP

William Fry LLP

William Fry advises leading Irish and international companies, covering both the public and private...

View firm profile
Explore more from William Fry LLP

The Munich Regional Court has delivered a landmark judgment that will have far-reaching consequences for the artificial intelligence sector.

GlobalTechnology
Barry Scannell
Barry Scannell
Leo Moore
Leo Moore
Author LinkedIn connections

A Landmark Ruling for AI and Copyright

The Munich Regional Court has delivered a landmark judgment that will have far-reaching consequences for the artificial intelligence sector. In GEMA v. OpenAI, a case brought by Germany's music rights society GEMA, the court ruled that ChatGPT unlawfully used copyrighted German song lyrics in its training data and outputs. The case represents the first time a European court has held an AI developer directly liable for using protected works without a licence.

What the Court Found

The dispute centred on whether OpenAI's models had been trained on GEMA's repertoire of song lyrics, allowing ChatGPT to reproduce them word for word. GEMA argued that this amounted to direct reproduction, while OpenAI maintained that its models did not store or copy any specific text. The court found in favour of GEMA, concluding that:

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

EU Commission Publishes Cybersecurity And AI Action Plan

The European Commission has published an Action Plan addressing the dual-edged nature of frontier artificial intelligence models in cybersecurity, outlining how the EU will harness AI's defensive capabilities while protecting against AI-powered cyber threats. Through nine key actions spanning 2026-2027, the plan establishes frameworks for safe AI evaluation, structured access to advanced AI capabilities, and the scaling of European sovereign AI cybersecurity solutions across critical infrastructure sectors.
European UnionTechnology
Matheson
Matheson
Article

Time Running Out As AI Transparency Guidelines Published

The European Commission has published comprehensive guidelines on AI transparency obligations under Article 50 of the EU AI Act, with enforcement beginning August 2, 2026. These guidelines establish how organizations must disclose AI systems, mark synthetic content, label deepfakes, and demonstrate compliance, with significant penalties for non-compliance reaching up to €15 million or 3% of global turnover.
IrelandTechnology
William Fry LLP
William Fry LLP
Article

Irish Government Publishes The Regulation Of Artificial Intelligence Bill 2026

The Irish Government has published the Regulation of Artificial Intelligence Bill 2026, establishing Ireland's framework for implementing the EU AI Act. This landmark legislation creates the AI Office of Ireland as an independent statutory entity and designates existing sectoral authorities to oversee AI regulation within their domains. The Bill introduces a comprehensive administrative sanctions regime and enforcement toolkit while reflecting Ireland's National Digital and AI Strategy.
IrelandTechnology
Matheson
Matheson
Article

CJEU Clarifies The Limits Of The Hosting Safe Harbour For Online Platforms

The Court of Justice of the European Union has delivered landmark judgments that fundamentally reshape how online platforms can claim immunity from liability for user-generated content. These decisions establish that algorithmic content distribution and commercial partnerships with creators may strip platforms of their safe harbour protections, forcing a reassessment of how social media companies, video-sharing services, and digital marketplaces structure their operations and revenue models.
IrelandTechnology
Matheson
Matheson
Article

Ireland's Domestic AI Legislation Comes Into Force

Ireland has established the AI Office as its central coordinating authority under the EU AI Act, introducing a comprehensive regulatory framework that includes sector-based supervision, enforcement powers, and administrative fines reaching up to €35 million. The new legislation empowers market surveillance authorities like the Central Bank and Data Protection Commission to oversee AI compliance while creating a regulatory sandbox to foster innovation within legal boundaries.
IrelandTechnology
Arthur Cox
Arthur Cox
Article

Cyber Resilience Act: New Vulnerability Reporting Requirements Now In Force

The EU Cyber Resilience Act introduces mandatory reporting obligations for manufacturers of digital products, requiring them to notify authorities within 24 hours of discovering actively exploited vulnerabilities or severe security incidents. This regulation establishes strict timelines for early warnings, detailed vulnerability notifications, and final reports, fundamentally changing how manufacturers must respond to cybersecurity threats.
IrelandTechnology
Browne Jacobson LLP
Browne Jacobson LLP
Article

The AI Digital Omnibus – Simplifying The Path To EU AI Compliance

The European Commission's AI Digital Omnibus proposes targeted amendments to the EU's AI Act, aiming to simplify compliance requirements and address implementation challenges while maintaining core safeguards. The revision extends timelines for high-risk AI systems and provides additional regulatory privileges for small and mid-cap enterprises navigating the world's first comprehensive horizontal legal framework for artificial intelligence.
IrelandTechnology
Matheson
Matheson
Article

Government Legislative Priorities For Autumn 2026

The Government has published its Autumn 2026 Legislation Programme, identifying 32 bills for priority publication and 32 bills for priority drafting. This article explores a selection of measures likely to be of interest to businesses, spanning digital economy, strategic infrastructure, litigation reform, financial regulation, competition law, corporate structures, employment, pensions, and healthcare sectors.
IrelandGovernment, Public Sector
William Fry LLP
William Fry LLP
Article

Ireland’s Data Centre Connections: Back Online

Ireland has lifted its data centre connection moratorium and introduced a demanding new framework requiring developers to provide their own generation capacity, source 80% of electricity from new Irish renewables within six years, and meet strict grid stability requirements. The policy creates significant opportunities for developers who can navigate the complex intersection of grid connection, planning permission, and renewable energy procurement, though a pending legal challenge adds uncertainty to the la
IrelandEnergy and Natural Resources
William Fry LLP
William Fry LLP
Article

Time Running Out As AI Transparency Guidelines Published

The European Commission has published comprehensive guidelines on AI transparency obligations under Article 50 of the EU AI Act, with enforcement beginning August 2, 2026. These guidelines establish how organizations must disclose AI systems, mark synthetic content, label deepfakes, and demonstrate compliance, with significant penalties for non-compliance reaching up to €15 million or 3% of global turnover.
IrelandTechnology
William Fry LLP
William Fry LLP
Article

Data For Sale: Can Insolvent Companies Realise The Value Of Corporate Data?

Spirit Airlines' proposed $10 million sale of a massive de-identified corporate dataset to Google in its Chapter 11 bankruptcy proceedings raises fundamental questions about whether operational business data can be treated as a realisable asset in insolvency. The transaction highlights the legal tension between preserving a dataset's commercial utility and ensuring individuals cannot be identified, particularly when the data maintains referential integrity across multiple systems.
IrelandInsolvency/Bankruptcy/Re-Structuring
William Fry LLP
William Fry LLP