A first look at the Spanish proposal to introduce ECL for AI training
"As a result of this broad scope of application, if adopted, the royal decree would create an unnecessary overlap between the extended collective licenses and the TDM exception, as both the license and the exception would apply to all works and other subject matter not opted-out from the exception, increasing the legal complexity for all interested parties.
It would therefore be imperative to clarify that the proposed ECL solution would only act as a fall-back option for clearing rights when the TDM exception does not apply, i.e. when the rightholders opt-out from the TDM exception. In the absence of a TDM opt-out, the exception should take precedence over the extended collective license."
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