The recent approval of the European Parliament’s report on copyright and generative artificial intelligence has reopened a debate that directly affects libraries and information services. The text stresses the need to ensure transparency, fair remuneration, and control by rights holders over the use of works to train AI systems. Criticism has not been long in coming: various analyses point out that the report lacks a clear implementation framework and relies too heavily on the capacity of licensing markets to resolve structural tensions.
This context highlights a fundamental issue: intellectual property is not a stable framework, but a system in constant adjustment in response to technological change. Generative artificial intelligence has merely accelerated tensions that already existed, particularly in areas such as open access, digitization, and content reuse. In this scenario, libraries, archives, and documentation centers occupy a unique position: they are, at the same time, custodians of heritage, facilitators of access, and active agents in the circulation of knowledge.
European regulation has attempted to address this complexity through instruments such as the Directive on Copyright in the Digital Single Market, which introduced exceptions for text and data mining. These exceptions are now key to the AI debate, as they allow certain uses of protected works without prior authorization, especially in research or public interest contexts. However, as both the report itself and its critics point out, their practical application continues to generate uncertainty, particularly regarding transparency, remuneration, and the balance between public and private interests. The Spanish transposition of the Directive has created a situation of legal uncertainty due to its coexistence with the Intellectual Property Law.
For the library sector, these tensions are not new. For decades, the management of intellectual property has operated within a delicate balance between the protection of copyright and access to culture and information. This balance is largely articulated through what are known as limitations or exceptions to copyright, which allow certain uses without authorization in specific cases, such as illustration for teaching, preservation, or access for people with disabilities. The key is to understand that these limitations are not anomalies within the system, but essential elements for its functioning, from the very moment intellectual property legislation is created.
This is compounded by a structural shift in the information ecosystem. The transition from open access to open science has reinforced the idea that knowledge funded with public resources should, by default, be accessible. This principle, widely established in European and international policies, nevertheless coexists with editorial, economic, and legal models that continue to be based on exclusivity and rights control. The emergence of AI once again puts this balance under strain: how can access and reuse be ensured without discouraging creation?
In this context, professional practice in libraries and information services requires more than regulatory knowledge. It demands the development of criteria, the interpretation of situations, and the application of what could be described as “legal common sense.” Concepts such as good faith, widely recognized in our legal system, remain fundamental in guiding decisions in scenarios where the law does not provide clear answers. In practice, many of the situations professionals face (digitization of collections, use of images in catalogs, access to electronic resources, or reuse of content, etc.) are resolved in this intermediate space between the rule and its interpretation.
About the course Intellectual Property in Libraries and Information Services
It is precisely in this area that the course Intellectual Property in Libraries and Information Services, offered by SEDIC next May, is situated. The training provides a structured yet applied approach to the realities of the sector, starting from the foundations of intellectual property law in Spain and the European Union (sources of law, authorship, moral rights, and economic rights) and moving towards practical issues that directly affect everyday professional work.
The course first addresses the general legal framework, which is essential for understanding how rules in this field are constructed and interpreted. Far from being a closed system, intellectual property draws on multiple sources (legislation, case law, international treaties) that must be read in an integrated manner. This perspective is particularly relevant in a European environment where regulatory harmonization is incomplete and leaves room for divergent interpretations.
Building on this foundation, the training focuses on more operational aspects: copyright limitations, collective management organizations, orphan and out-of-commerce works, and the implications of text and data mining, among others. These are issues that have a direct impact on the activities of libraries and documentation centers and require not only knowledge but also sound judgment in their application.
The program also incorporates a forward-looking perspective, addressing topics such as open access, the use of e-books, and the changes introduced by recent European legislation. In this sense, the course does not merely explain the current framework, but invites reflection on its evolution and on the role that cultural institutions can play in this process.
One of the aspects most valued by participants in previous editions is the practical approach of the training, based on real cases and common situations in the sector. This approach makes it possible to translate legal concepts into concrete scenarios, facilitating their understanding and application.
In short, at a time when artificial intelligence and digital transformation are redefining the rules of the game, intellectual property becomes a key competence for information professionals. It is not only about knowing the law, but about understanding its logic, its limits, and its implications in changing contexts.
Libraries and information services, far from being merely passive subjects of regulation, can and should play an active role in this debate. Training in intellectual property is, in this sense, an essential tool for participating in the construction of a more balanced information ecosystem, in which creation, access, and innovation can coexist sustainably.
If you need to further your training in this area, we recommend consulting the following link:
https://www.sedic.es/propiedad-intelectual-en-bibliotecas-y-servicios-de-documentacion/?srsltid=AfmBOorr6Nh44Ig1yzesmGTf4oD3AFxQSh9S7fhCb-s1m7-KAkU3lJIn
Bibliography
- Dreyling, J. (2026). Parliament adopts INI report on AI and copyright: no clear path forward. Communia. https://communia–association.org/2026/03/10/parliament–adopts–ini–report–on–ai–and–copyright–no–clear–path–forward/
- Keller, P. (2026). Copyright, AI, and the limits of voluntary licensing. Open Future. https://openfuture.eu/blog/copyright–ai–and–the–limits–of–voluntary–licensing/
- Parlamento Europeo (2026). El PE defiende proteger los derechos de autor y a los creadores frente a la IA. https://www.europarl.europa.eu/news/es/press–room/20260306IPR37511/el–pe–defiende–proteger–los–derechos–de–autor–y–a–los–creadores–frente–a–la–ia
- Parlamento Europeo (2026). Report on copyright and generative artificial intelligence – opportunities and challenges (A10-0019/2026). https://www.europarl.europa.eu/doceo/document/A-10-2026-0019_EN.html
Ciro Llueca
Deputy Vice-Rector for Research, Knowledge Transfer and Entrepreneurship Universitat Oberta de Catalunya