EU copyright law roundup – third trimester of 2026

Welcome to the EU roundup for the third trimester of 2026 covering the period from June to September. This summer was quiet. Nonetheless, there still have been some interesting EU copyright law developments. As a reminder, in this series we report on CJEU judgments, AG Opinions (if any) and significant policy developments in EU copyright law.

You can read the previous roundups here.

CJEU judgments and AG Opinions

Anne Frank Fonds, CJEU, C-788/24

On 7 July 2026, the CJEU delivered its judgment on communication to the public and geo-blocking. You can read Elena Izyumenko’s analysis here.
 

Gândul Media Network, CJEU, C-598/24

Early September brought this judgment unpacking the protectability of a social media post, as well as the exception on reporting current events. You can read our analysis here.

Policy

European Commission, Targeted consultation on copyright, AI and online piracy

On 29 September 2026, the European Commission launched a targeted consultation on a possible initiative to improve the copyright environment for European creativity and innovation.

The consultation addresses four areas: the use of protected content in AI; online piracy of time-sensitive content, including live events; the single equitable remuneration right of music performers and producers; and copyright and scientific research. Dedicated sections examine AI licensing and enforcement, AI-generated imitations of performers, and the use in the EU of sound recordings of non-EU nationals.

Building on an earlier call for evidence, the consultation seeks input on whether technological and market developments warrant additional measures. It offers an opportunity to shape the Commission’s approach to several contested questions at the intersection of copyright, AI and enforcement. At this stage, however, it does not introduce a legislative proposal or change existing obligations.

Responses are invited until 3 November 2026.

European Commission, Study to assess the feasibility of a registry of text and data mining opt-outs expressed by rightholders

Published in July 2026, the study looked at the feasibility and policy opportunity of establishing an EU registry for the TDM opt-outs under Article 4(3) of the Copyright in the Digital Single Market Directive.

European Parliament, AI in cultural and creative sectors briefing

This briefing, requested by the CULT Committee, studied AI opportunities, challenges and legislative limitations in the audiovisual, publishing and music streaming sectors. The briefing finds that AI adoption is increasing (49% of actors use it). That said, copyright law issues surrounding transparency and enforcement remain problematic. At the same time, the partnerships between AI developers, major rightsholders and digital platforms exacerbate these transparency issues.

Coming soon and latest referrals

In early November 2026, the UK Court of Appeal will be hearing Getty Images v Stability AI, so stay tuned for developments in this high profile case.

Furthermore, the CJEU’s agenda is packed. The evergreen topic of communication to the public will be tackled in two referrals from Germany -- Cloudfare, C-534/25, with respect to a hyperlink to an infringing copy of a music album and SHR Germany, C-30/26, in the context of social media posts -- as well as in the Romanian referral in Natural Beauty Levin, C-667/25 on beauty salons.

While computer programs and infringement via a browser extension for legal research is going to be discussed in Aranzadi La Ley, C-517/26 – a referral from Spain, private copying and levies continue to be a vibrant topic via the referral from Germany in VG Wort (C-840/24).

Next, one Spanish (AIE and AGEDI, C-22/26) and two Polish cases (Stowarzyszenie Artystów Wykonawców SAWP, C-601/25, and Radio Express 92.3 FM, C-248/26) address collective management issues.

Everyone anticipates eagerly the outcome of the cases seeking interpretation of the CDSM Directive provisions. This will happen with respect to the scope of Article 17 in Austro-Mechana (C-579/24; referral from Austria). Article 15 is subject to two Hungarian referrals which bring in AI issues to the debate – Like Company v Google, C-250/25 and Manchester United Fanatiks Klub, C-806/26. Furthermore, the press publishers’ provision and the notion of fair compensation will be discussed in Agecop (C-441/25; referral from Portugal). The Streamz and Others (C-663/24; referral from Belgium) hearing took place in July 2026 and we all eagerly anticipate the CJEU’s guidance on the validity of the residual right of remuneration (see the European Copyright Society’s latest opinion on it here).

Finally, there is a peculiar new reference from Hungary (Mobilguru, C-829/26), the precise copyright angle of which is unknown, so do reach out if you have information.

Stay tuned!