In copyright law, questions surrounding AI training continue to dominate public debate, particularly regarding remuneration for AI input. At the same time, there are remuneration models for the use of works, but these are currently taking a backseat. At the same time, there is a greater need for adjustment and change than before for device levies. Many national copyright levy systems have been adjusted and expanded for 2026, with further important changes to be expected this year.
Device levies
Regular, expected changes at the turn of the year include tariff adjustments in Austria, the Netherlands, Denmark, and Hungary. In addition, tariff adjustments are expected in Belgium and Slovenia soon. For suppliers of everyday IT technology who offer their products throughout Europe, developments in non-EU countries such as Turkey and Switzerland must of course also be kept in mind. Long-awaited, albeit not yet scheduled, changes are also never out of the question. For example, in France, where the calculation of levies and the addition of further products to the scope of application are currently under discussion.
Beyond adjustments to existing tariffs, revisions to the legal basis will involve more comprehensive changes. This has now been implemented in Italy with a new decree and is also expected in Sweden and Poland this year. In the latter in particular, changes would even be welcomed by the industry. This is because the copyright levy system in Poland is not only comparatively comprehensive, but there are also unclear regulations that make it difficult to handle copyright levy obligations daily. Finally, important questions remain to be clarified in Germany, both on the subject of refurbishment and on game consoles. Individual agreements for product groups between collecting societies and industry could also be renegotiated at any time.
Cloud levies
The claims for levies on cloud storage, which have been made for several years, go one step further. Studies have proven that cloud storage is used for private copies, so remuneration for this is justified. For this reason, some countries are already planning to charge levies per user and depending on the storage capacity used. At the same time, unresolved issues are still being discussed. For example, the threat of double remuneration: if the device used to access the cloud, usually a mobile phone or PC, is already subject to a levy, how high should the levy for cloud storage be? There are also legal hurdles. It may only be a matter of time before they are overcome.
Case law
There will also be some developments in case law in 2026, reflecting the general broadening of the issue. A selection: in Germany, the highly publicised case of GEMA vs. OpenAI is going to appeal, and the ECJ will deal with the question also coming from Germany in case C-840/24. Ultimately, this concerns the distribution of funds. Case C-441/25 brought by the Portuguese collecting society Agecop concerns the distribution of funds between collecting societies. Many will be watching the outcome of case C-496/24 brought by the Dutch collecting societies against HP Netherlands BV and Dell BV, as it will clarify whether offline streaming constitutes the making of a private copy or not. Case C-250/25 addresses the issue of appropriate compensation for AI evaluations, with a Hungarian press agency contesting the evaluations made by Google's Gemini chatbot.
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