{"id":665,"date":"2026-09-23T09:00:00","date_gmt":"2026-09-23T09:00:00","guid":{"rendered":"https:\/\/ipglobalguard.com\/like-company-google-cjeu\/"},"modified":"2026-09-23T09:00:00","modified_gmt":"2026-09-23T09:00:00","slug":"like-company-google-cjeu","status":"publish","type":"post","link":"https:\/\/ipglobalguard.com\/en\/blog\/like-company-google-cjeu\/","title":{"rendered":"Like Company v Google: the first CJEU case on generative AI, explained"},"content":{"rendered":"<p>Like Company v Google (C-250\/25) is the first case in which the Court of Justice of the European Union (CJEU) has been asked how EU copyright law applies to generative AI. A Hungarian press publisher claims that Google&#8217;s chatbot reproduced and displayed its articles and was trained on them without permission, and a Budapest court has asked the CJEU four questions about outputs, training and the text and data mining exception. The answer will bind courts in every EU Member State, so it matters to publishers, AI developers and any business that deploys chatbots in the EU.<\/p>\n<h2>Key takeaways<\/h2>\n<ul>\n<li>The reference was lodged on 3 April 2025 and the CJEU held its hearing on 10 March 2026.<\/li>\n<li>The questions cover whether chatbot outputs are a communication to the public, whether <strong>training an LLM is a reproduction<\/strong>, whether the mining exception applies, and whether outputs prompted by users are attributable to the provider.<\/li>\n<li>The case turns on the press publishers&#8217; right in Article 15 of the Digital Single Market Directive, which lasts two years and does not cover very short extracts.<\/li>\n<li>At the hearing, several Member States, including Spain, argued that EU copyright applies to AI systems sold in the EU even if training happens abroad; Germany disagreed.<\/li>\n<li>The Advocate General&#8217;s opinion was expected on 3 September 2026; its content has not been confirmed for this article.<\/li>\n<\/ul>\n<h2>What is Like Company v Google about?<\/h2>\n<p>Like Company runs Hungarian online news portals. According to <a href=\"https:\/\/www.twobirds.com\/en\/insights\/2026\/like-company-v-google-cjeu-holds-first-ever-hearing-on-generative-ai-and-copyright-on-10-march-2026\" target=\"_blank\" rel=\"noopener\">Bird &amp; Bird&#8217;s account of the hearing<\/a>, it alleges that between 13 June 2023 and 7 February 2024 Google&#8217;s Gemini chatbot extracted and displayed substantial parts of its press publications in answer to user prompts, and that the content was also used to train the underlying large language model (LLM), all without authorisation or payment. The Budapest court hearing the claim stayed the proceedings and referred questions to the CJEU, as national courts can do when the interpretation of EU law is needed.<\/p>\n<p>The claim rests mainly on the press publishers&#8217; right. Under Article 15 of <a href=\"https:\/\/www.boe.es\/doue\/2019\/130\/L00092-00125.pdf\" target=\"_blank\" rel=\"noopener\">Directive (EU) 2019\/790<\/a> (the Digital Single Market or DSM Directive), publishers established in the EU have reproduction and making-available rights over the online use of their press publications by information society service providers. The right does not apply to hyperlinks or to individual words or very short extracts, and it expires two years after publication (counted from 1 January of the following year).<\/p>\n<h2>What exactly has the CJEU been asked?<\/h2>\n<p>The four questions, as published in the <a href=\"https:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/?uri=OJ:C_202503039\" target=\"_blank\" rel=\"noopener\">Official Journal (C\/2025\/3039, 10 June 2025)<\/a>, are:<\/p>\n<table>\n<thead>\n<tr>\n<th>Question<\/th>\n<th>Provisions<\/th>\n<th>Why it matters<\/th>\n<\/tr>\n<\/thead>\n<tbody>\n<tr>\n<td>1. Is displaying, in a chatbot&#8217;s answer, text partly identical to a press publication a communication to the public? Does it matter that the chatbot only predicts the next word?<\/td>\n<td>Article 15(1) DSM; Article 3(2) InfoSoc Directive<\/td>\n<td>Decides whether outputs need a licence from publishers<\/td>\n<\/tr>\n<tr>\n<td>2. Is training an LLM, built on observing and matching patterns, an act of reproduction?<\/td>\n<td>Article 15(1) DSM; Article 2 InfoSoc<\/td>\n<td>The central question for every model trained on EU content<\/td>\n<\/tr>\n<tr>\n<td>3. If so, is that reproduction of lawfully accessible works covered by the text and data mining exception?<\/td>\n<td>Article 4 DSM<\/td>\n<td>Tests how far the opt-out system protects developers and rights holders<\/td>\n<\/tr>\n<tr>\n<td>4. When a user&#8217;s prompt matches or refers to a press text and the answer displays it, is that a reproduction by the chatbot provider?<\/td>\n<td>Article 15(1) DSM; Article 2 InfoSoc<\/td>\n<td>Allocates responsibility between user and provider<\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<p>The InfoSoc Directive (2001\/29\/EC) sets the basic reproduction and communication rights; the DSM Directive added the press publishers&#8217; right and the mining exceptions. Article 4 DSM allows reproductions for text and data mining of lawfully accessible works unless the rights holder has reserved them in an appropriate manner, such as machine-readable means for content online.<\/p>\n<h2>What happened at the hearing on 10 March 2026?<\/h2>\n<p>The hearing lasted around six hours. <a href=\"https:\/\/www.courthousenews.com\/news-publisher-rails-against-lack-of-compensation-for-google-ai-overviews-in-eu\/\" target=\"_blank\" rel=\"noopener\">Courthouse News<\/a> reported that the publisher&#8217;s lawyer framed the case as being about whether European publishers&#8217; rights have practical force when AI tools answer users directly. According to Bird &amp; Bird:<\/p>\n<ul>\n<li>Google explained next-token prediction and retrieval-augmented generation, argued that statistical modelling of language is not an act covered by copyright, and said publishers can opt out through robots.txt and Google-Extended, which the applicant had not used.<\/li>\n<li>The European Commission suggested the reference was partly or wholly inadmissible because the questions were abstract.<\/li>\n<li>Hungary, Denmark, Greece, Spain and France argued that training and deployment form a single process, so EU copyright should apply when an AI system is marketed in the EU even if training happened elsewhere. Germany argued that a concrete act within the territory is required.<\/li>\n<\/ul>\n<p>Advocate General Szpunar asked whether infringement should be assessed by looking at the AI system as a whole rather than act by act, a line of questioning that <a href=\"https:\/\/www.technollama.co.uk\/an-end-to-the-input-output-dichotomy-in-ai-copyright-like-company-v-google-takes-an-unexpected-turn\" target=\"_blank\" rel=\"noopener\">Technollama<\/a> described as a possible end to the input-output distinction. Bird &amp; Bird reported that the opinion was expected on 3 September 2026. We have not been able to confirm its publication or content, so this article does not discuss it. Questions at a hearing do not predict the outcome.<\/p>\n<h2>What could the CJEU ruling change for publishers and AI developers?<\/h2>\n<p>The Court could decline to answer some questions, answer them narrowly on the facts, or answer all four. Each route has different consequences:<\/p>\n<ul>\n<li>If training is a reproduction and the mining exception does not cover it, or covers it only where no opt-out exists, licensing EU content for training becomes the norm.<\/li>\n<li>If outputs that display press content are a communication to the public, chatbots and AI search features will need licences or tighter filtering for news content.<\/li>\n<li>If the Court accepts a unitary view of AI systems, training outside the EU would no longer keep a model out of reach of EU copyright once it is offered in the Union. That would sit alongside recital 106 of the AI Act, which already requires providers of general-purpose models placed on the EU market to respect EU copyright wherever training took place.<\/li>\n<\/ul>\n<h2>What this means for your business<\/h2>\n<ol>\n<li>Publishers: reserve your rights in machine-readable form, keep dated evidence of AI outputs that reproduce your content and review licensing offers from AI providers.<\/li>\n<li>AI developers: document lawful access, opt-out detection and filtering of protected outputs for EU-facing models.<\/li>\n<li>Businesses deploying chatbots: check that supplier contracts cover EU copyright and press publishers&#8217; claims.<\/li>\n<li>Corridor businesses: watch how Spanish and other national courts apply the ruling, and how Latin American laws such as Brazil&#8217;s, which has no specific mining exception, treat the same models.<\/li>\n<\/ol>\n<p>Our team for <a href=\"https:\/\/ipglobalguard.com\/en\/services\/ai-digital-assets\/\">AI copyright, press content licensing and digital assets<\/a> can audit your position before the judgment, and our <a href=\"https:\/\/ipglobalguard.com\/en\/services\/copyright-digital-works\/\">copyright and digital works team<\/a> can set up opt-outs and licences. AI Act compliance is covered within the same META Channel group.<\/p>\n<h2>Where companies get this wrong<\/h2>\n<ul>\n<li><strong>Waiting for the judgment to act.<\/strong> Opt-outs, evidence and contracts take effect only from when they are in place.<\/li>\n<li>Treating hearing questions as a forecast. The Advocate General&#8217;s opinion and the judgment may go elsewhere.<\/li>\n<li>Assuming training abroad settles the matter. Several Member States argued the opposite, and the AI Act already looks beyond borders.<\/li>\n<li>Forgetting the two-year limit. The press publishers&#8217; right does not protect older archives, though authors&#8217; copyright may.<\/li>\n<\/ul>\n<h2>Frequently asked questions<\/h2>\n<h3>When will the CJEU decide Like Company v Google?<\/h3>\n<p>There is no date for the judgment. The hearing took place on 10 March 2026 and the Advocate General&#8217;s opinion was expected on 3 September 2026, according to Bird &amp; Bird. The Court usually rules some months after the opinion. Until then, national courts and the AI Act remain the main points of reference.<\/p>\n<h3>Does Like Company v Google affect AI models trained outside the EU?<\/h3>\n<p>Possibly. Several Member States, including Spain, argued that EU copyright should apply to AI systems marketed in the EU wherever they were trained, while Germany argued that an act within the territory is needed. The Court may or may not address the point, depending on how it treats admissibility.<\/p>\n<h3>What is the press publishers&#8217; right?<\/h3>\n<p>It is a related right created by Article 15 of the DSM Directive. It gives publishers established in the EU control over the online use of their press publications by service providers for two years, excluding hyperlinks and very short extracts. Like Company relies on it for both chatbot outputs and training.<\/p>\n<h3>Can IP Global Guard prepare our business for the Like Company ruling?<\/h3>\n<p>Yes. We review opt-outs, licences, AI supplier contracts and evidence of reproduction for publishers and developers across Europe, Latin America and Africa from a single point of contact, and coordinate qualified local correspondents where national proceedings follow.<\/p>\n<h2>How IP Global Guard can help before the ruling<\/h2>\n<p>Whatever the CJEU decides, it will apply across the Union, and the businesses that prepared will adapt fastest. IP Global Guard, the IP services line of META Channel Corporation Limited, aligns copyright, licensing and AI decisions across more than 25 jurisdictions in Europe, Latin America and Africa with one strategy and one billing relationship.<\/p>\n<p>Tell us whether you publish content, build models or deploy chatbots, and in which markets. We will review your exposure under each possible outcome and what to put in place now. <a href=\"https:\/\/ipglobalguard.com\/en\/contact\/\">Get in touch with our AI copyright team<\/a>.<\/p>\n<p><em>This article is general information, not legal advice, and reflects the position on its publication date.<\/em><\/p>\n<h2>Sources<\/h2>\n<ul>\n<li><a href=\"https:\/\/eur-lex.europa.eu\/legal-content\/EN\/TXT\/?uri=OJ:C_202503039\" target=\"_blank\" rel=\"noopener\">Official Journal of the EU, C\/2025\/3039, request for a preliminary ruling in Case C-250\/25, Like Company (10 June 2025)<\/a><\/li>\n<li><a href=\"https:\/\/www.boe.es\/doue\/2019\/130\/L00092-00125.pdf\" target=\"_blank\" rel=\"noopener\">Directive (EU) 2019\/790 on copyright in the Digital Single Market, Articles 4 and 15 (17 April 2019)<\/a><\/li>\n<li><a href=\"https:\/\/www.courthousenews.com\/news-publisher-rails-against-lack-of-compensation-for-google-ai-overviews-in-eu\/\" target=\"_blank\" rel=\"noopener\">Courthouse News Service, News publisher rails against lack of compensation for Google AI overviews in EU (11 March 2026)<\/a><\/li>\n<li><a href=\"https:\/\/www.technollama.co.uk\/an-end-to-the-input-output-dichotomy-in-ai-copyright-like-company-v-google-takes-an-unexpected-turn\" target=\"_blank\" rel=\"noopener\">Technollama, An end to the input-output dichotomy in AI copyright? (13 March 2026)<\/a><\/li>\n<li><a href=\"https:\/\/www.twobirds.com\/en\/insights\/2026\/like-company-v-google-cjeu-holds-first-ever-hearing-on-generative-ai-and-copyright-on-10-march-2026\" target=\"_blank\" rel=\"noopener\">Bird &amp; Bird, Like Company v Google: CJEU holds first-ever hearing on generative AI and copyright (18 March 2026)<\/a><\/li>\n<li><a href=\"https:\/\/artificialintelligenceact.eu\/recital\/106\/\" target=\"_blank\" rel=\"noopener\">AI Act, Recital 106 (2024)<\/a><\/li>\n<\/ul>\n","protected":false},"excerpt":{"rendered":"<p>The first CJEU case on generative AI asks whether training is reproduction, whether chatbot outputs need licences and how far the TDM exception goes. What is at stake and how to prepare.<\/p>\n","protected":false},"author":1,"featured_media":1269,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"wds_primary_category":0,"footnotes":""},"categories":[34],"tags":[84,56,52,42,44],"class_list":["post-665","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-ai-digital-assets","tag-cjeu","tag-eu-ai-act","tag-generative-ai","tag-licensing","tag-spain"],"_links":{"self":[{"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/posts\/665","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/comments?post=665"}],"version-history":[{"count":0,"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/posts\/665\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/media\/1269"}],"wp:attachment":[{"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/media?parent=665"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/categories?post=665"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/ipglobalguard.com\/en\/wp-json\/wp\/v2\/tags?post=665"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}