An end to the input-output dichotomy in AI copyright? Like Company v Google takes an unexpected turn

Like Company v Google may be testing whether the familiar input-output divide in AI copyright can still be maintained. The hearing before the CJEU in Case C-250/25 has drawn attention to one specific issue that moves beyond routine infringement analysis. The point at stake is how copyright law should treat the relationship between what is fed into an AI system and what comes out of it.

That distinction matters because copyright disputes involving AI have often been framed by reference to inputs on one side and outputs on the other. If the legal analysis begins to treat those elements as part of the same process, the traditional separation becomes harder to defend. The practical effect is that liability may no longer depend solely on whether a protected work appears in a final output, but on the legal significance of the use made of that work at an earlier stage.

For rights holders, that shift is potentially important because it changes where the relevant legal risk is assessed. A focus on inputs could bring greater attention to the manner in which material is handled before any output is generated. For users of AI systems, the same development would increase uncertainty as to where copyright exposure begins and ends, particularly where the legal character of intermediate processing is central to the dispute.

The issue also has broader significance for the coherence of copyright analysis. A strict input-output divide offers a relatively clear framework, but it may not capture the full legal reality of AI-assisted processing. If the CJEU moves away from that framework, it would signal that copyright law is not confined to the final generated result and may instead require a closer examination of the process itself.

The immediate legal risk is that any answer which blurs the boundary between input and output will make AI copyright disputes more fact-sensitive and less predictable. That would materially increase the importance of how protected works are used within the system, not merely what the system ultimately produces.

Disclaimer: This post is for general information only and does not constitute legal advice. Specific advice should be sought for your particular circumstances.
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