Google’s use of news articles in its Gemini chatbot could violate copyright rules under certain circumstances. An adviser to Europe’s highest court has raised concerns about the technology’s use of published content.

Advocate General Maciej Szpunar shared the opinion on Tuesday. He is advising the Court of Justice of the European Union (CJEU) in an ongoing copyright case.

The case involves Hungarian website operator Like Company and Google. It focuses on whether Gemini can reuse publishers’ articles when generating responses for users.

The opinion could have significant implications for online publishers. Many news organisations are experiencing declining website traffic as AI chatbots provide summaries instead of traditional search results.

Google Gemini May Infringe Publishers’ Copyright

Szpunar explained that AI chatbots could violate publishers’ rights when retrieving and reusing protected news content.

He said copyright infringement could occur when Gemini accesses articles through unlawful methods. These include bypassing paywalls or other technical restrictions placed by publishers.

Copyright concerns could also arise when chatbot responses reproduce recognisable expressions from original publications.

However, copyright protection does not automatically cover every piece of information in a news article. The adviser clarified that copyright protects the specific expression of information rather than basic facts.

This distinction means AI systems can generally communicate reported facts. However, reproducing protected wording or recognisable expressions could create legal problems.

News Publishers Seek Protection From AI Content Use

The case has attracted attention from online media organisations. Publishers argue that AI-generated summaries can reduce traffic to their websites.

Traditionally, search engines displayed links to original news articles. Users could visit publishers’ websites to read complete reports.

However, AI chatbots increasingly provide direct answers and summaries. This may reduce the number of users visiting original news platforms.

A decision requiring Google to pay fees for certain uses of published material could provide financial support to online publishers.

Like Company is challenging Google’s use of press content through its Gemini chatbot. The case could help clarify how existing copyright protections apply to AI-generated responses.

AI Training May Remain Exempt Under Copyright Rules

Szpunar also addressed the use of copyrighted material during AI training.

He stated that using protected content to train large language models is permitted under the text and data mining exception.

Large language models process extensive amounts of text to generate human-like responses. They can also summarise information and answer questions based on their training.

However, the adviser distinguished AI training from the direct reuse of published material in chatbot responses.

This distinction could become important for future copyright disputes involving artificial intelligence companies and media organisations.

Final Decision Still Pending

The Advocate General’s opinion is advisory and does not represent a final court ruling. The judges of the Court of Justice of the European Union will make the final decision.

Although such opinions are not legally binding, the court often follows the recommendations.

The outcome could influence how Google and other AI companies use copyrighted news material. It may also affect the relationship between artificial intelligence platforms and traditional publishers.

In other related news also read Gemini Or ChatGPT: Which One Is Better?

For now, the court has yet to issue its final judgment in the case.