Are Google AI Chatbot’s Answers Infringing in Nature? CJEU Asked to Clarify (referral C-250/25). Medien und Recht International, Heft 2, Seite 46, 2025

An interesting referral (FN 1 ) from one Hungarian Court has reached the judicial table of the CJEU - asking to clarify that whether Google Gemini AI chatbot's displayed output, of a text which is partially identical to the protected content of press publications, constitutes an instance of 'reproduction' and 'communication to the public', and whether the act of reproductions of the protected material during the AI training process are coverable under Article 4 DSM Directive (see summary of the referral below on page 50). The referral marks the first attempt of a national court to clarify legal uncertainties in copyright law and generative artificial intelligence (genAI) via a referral to the CJEU. Thus, after revisiting the relevant case background and the questions referred, some observations regarding the possible considerations and anticipated answers from the CJEU are made herein.