ARDC submitted comments to the European Commission’s targeted consultation on a better copyright environment for European creativity and innovation.
Our response draws a distinction between collecting publicly available web data and using protected works for AI training or other purposes. Copyright policy should address infringement and AI training opt-outs without creating general restrictions on access to public information.
Preserve access to public web data
Public web data serves purposes beyond AI, including financial research, price comparison, product development, and brand protection. A single webpage often contains both copyright-protected content and non-copyrightable information.
ARDC urges the Commission to address copyright protection at the AI development and deployment stages rather than restrict public web access. AI training opt-outs should address training use. Enforcement should target infringement rather than automated access as such.
Reject access restrictions based on bot identity
ARDC opposes restrictions on public web data access based on bot identity or intended downstream use. Publishers making content publicly available should not restrict access because someone uses an automated tool.
Mandatory identity and purpose disclosure would make access conditional on who requests information and why. Copyright policy should not give website operators general control over access to public web content, including non-copyrightable information.
Support research involving commercial partners
ARDC supports removing the noncommercial condition from the research exception and permitting research involving commercial partners. A project should be assessed by the research undertaken, rather than the prospect of a future commercial application.
Copyright policy should protect creators while preserving public web data access for research, competition, knowledge, and accountability.