TDM Reform and Creativity
What Would It Mean for Europe’s AI Ecosystem?
The Text and Data Mining (TDM) exceptions under the 2019 EU Copyright Directive—especially Article 4 with its opt-out mechanism—are once again at the center of policy debate. In the European Parliament and several Member States, proposals range from narrowing the scope of TDM to moving toward stronger licensing or remuneration models. These discussions raise a core, economy-wide question: what would different reform paths mean in practice for Europe’s AI ecosystem?
This 75-minute webinar provides a factual, open-ended assessment of the current legal framework, the emerging reform directions, and their likely real-world effects across the European AI value chain. The focus is on scenarios and consequences for Europe’s ability to develop, scale, and deploy AI—from training access and startup growth to industrial diffusion, investment dynamics, and overall competitiveness.
We will explore how TDM functions in practice today, including the role and operation of the opt-out mechanism and the points where implementation challenges already arise. The discussion will then move through the reform directions currently under consideration—such as tighter scope definitions, reinforced opt-out tools, new licensing or remuneration models, and clearer rules for commercial use. Finally, we will consider what these developments could mean for Europe’s AI ecosystem, with particular attention to implications for startups and SMEs.
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Welcome & Moderation
Horst HeitzChair of the Steering Committee, SME Connect
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INTERVENTIONS
Aline Larroyed (TBC)Postdoctoral Researcher, The Dublin City University; Author of the paper “The Fallacy of the File: How the Memorisation Metaphor Misguides Copyright Law and Stifles AI Innovation” (2025)
Brian Williamson (TBC)Author of the Europe Economics paper “Estimating the impact on investment of a commercial TDM exception” (2025)
Marcin Olender (TBC)Director of Public Policy, AI Chamber
Konrad Wolfenstein (TBC)Founder, Xpert.digital
Caroline De CockSenior Fellow at the Lisbon Council, Author of “How AI is helping journalism”