Protection of Press Publishers in the Age of Generative AI – In Search of Legal Remedies to Adapt to the Pace of Technology

Has everything already been said on the protection of press publishers? Surely not, and this is due to the new challenges for the press sector posed by Generative AI. This paper aims to discuss the solutions adopted in EU copyright law to safeguard the legal situation of press publishers in the face of the development of Generative AI. It identifies the shortcomings in existing forms of protection and proposes legal remedies for those shortcomings. It offers a fresh perspective on and insights into the new challenges posed by Generative AI, especially regarding its training phase. It explores the approach taken by EU legislation, and also makes reference to solutions proposed in the United States. The objective of this paper is to strike a balance between the need to ensure proper conditions for innovation and the need to protect human creativity and the dissemination thereof. It seeks to contribute to the ongoing debate on copyright and AI by assessing how the current copyright framework suits the development of Generative AI, identifying gaps in protection and paving the way for necessary legal changes in a context of transparency, compensation for use of protected content for AI training purposes, and preservation of rights.