Innovation, Quantum-AI Technology & Law

Blog over Kunstmatige Intelligentie, Quantum, Deep Learning, Blockchain en Big Data Law

Blog over juridische, sociale, ethische en policy aspecten van Kunstmatige Intelligentie, Quantum Computing, Sensing & Communication, Augmented Reality en Robotica, Big Data Wetgeving en Machine Learning Regelgeving. Kennisartikelen inzake de EU AI Act, de Data Governance Act, cloud computing, algoritmes, privacy, virtual reality, blockchain, robotlaw, smart contracts, informatierecht, ICT contracten, online platforms, apps en tools. Europese regels, auteursrecht, chipsrecht, databankrechten en juridische diensten AI recht.

Berichten met de tag EU AI Act
Columbia Law Publishes 'Towards a European Quantum Act' Study by Mauritz Kop

In a landmark academic contribution, Columbia Law School’s prestigious Columbia Journal of European Law (CJEL) is publishing a comprehensive study by Mauritz Kop, a leading scholar in the field of quantum technology governance. Titled "Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation," the paper, published in Volume 31, Issue 1 (Fall 2025), presents a forward-looking and robust framework for the European Union to navigate the complexities of the quantum age. This timely publication in a top ranked journal guided by the intellectual stewardship of renowned Columbia Law professors Anu Bradford and George Bermann, is set to significantly influence the burgeoning transatlantic dialogue on the future of quantum technology.

The full citation for the paper is: Mauritz Kop – Towards a European Quantum Act: A Two-Pillar Framework for Regulation and Innovation (Sept 9, 2025), Volume 31, Issue No. 1, Columbia Journal of European Law, Columbia Law School (2025), final edition forthcoming. Pre-print versions are available on SSRN, arXiv, ResearchGate, the Website of the European Commission, and AIRecht.

The Columbia Journal of European Law: A Bastion of Transatlantic Legal Scholarship

Founded in 1994, the Columbia Journal of European Law has established itself as a leading academic publication dedicated to the study of European law from a transatlantic perspective. Its mission is to provide a forum for the exchange of ideas between scholars, practitioners, and policymakers on both sides of the Atlantic. The journal’s history is deeply intertwined with the development of the European Union and the evolving relationship between the EU and the United States. It has consistently published groundbreaking scholarship on a wide range of topics, from competition law and trade to human rights and constitutional law.

The journal's ranking among the top international and European law journals is a testament to its quality and influence. CJEL is currently the single most cited European law journal in the world. It is widely recognized for its rigorous academic standards and its commitment to publishing innovative and policy-relevant research. The journal’s association with Columbia Law School, one of the world’s leading law schools, further enhances its prestige. You can find more information about the journal on its official website: https://cjel.law.columbia.edu/ and its Scholastica page: https://columbia-journal-of-european-law.scholasticahq.com/. For more on the journal's history, the Wikipedia page is a useful resource, and updates can be found on their LinkedIn profile.

CJEL Guided by Star Professors Anu Bradford and George Bermann

The intellectual rigor and policy relevance of Kop's study are a reflection of the Journal’s guidance and mentorship of two of Columbia Law School's most distinguished scholars: Anu Bradford and George Bermann.

Professor Bradford, the Henry L. Moses Professor of Law and International Organization, is a world-renowned expert on the "Brussels Effect," a term she coined to describe the European Union's unilateral power to regulate global markets. Her work has profoundly shaped our understanding of the EU's role in the world and its ability to set global standards for technology and other industries. Her insights into the EU’s regulatory power are clearly reflected in Kop’s proposal for a European Quantum Act.

Professor George Bermann is the Walter Gellhorn Professor of Law and the Jean Monnet Professor of European Union Law at Columbia Law School. A leading authority on European law, international arbitration, and comparative law, Professor Bermann has been instrumental in shaping the field of European law studies in the United States. His deep understanding of the intricacies of EU law and governance provides a solid foundation for Kop’s ambitious legislative proposal. The combined expertise of these two scholars has undoubtedly enriched the paper, ensuring its legal and political feasibility.

"Towards a European Quantum Act": A Two-Pillar Framework

Kop's paper argues that the European Union has a unique opportunity to shape the global governance of quantum technologies. He proposes a comprehensive "European Quantum Act" based on a two-pillar framework:

Pillar 1: Agile, NLF-Style Regulation: This pillar focuses on creating a flexible and adaptive regulatory framework, similar to the EU’s New Legislative Framework (NLF) for products. It would establish a risk-based approach to regulating quantum technologies, with stricter rules for high-risk applications and more flexibility for low-risk ones. This approach, Kop argues, would allow for innovation to flourish while ensuring that fundamental rights and safety are protected. A key element of this pillar is the "standards-first" philosophy, which prioritizes the development of technical standards as a primary mechanism for embedding democratic values into the very architecture of quantum technologies.

Pillar 2: Ambitious, Chips Act-Style Industrial Policy: This pillar calls for a proactive and ambitious industrial policy to support the development of a competitive and resilient European quantum ecosystem. Drawing inspiration from the U.S. and EU Chips Acts, Kop proposes a range of measures, including funding for research and development, support for startups and SMEs, and the creation of a European quantum infrastructure. This pillar aims to ensure that Europe can compete with the United States and China in the global quantum race.

A Standards-First Approach to Secure a Democratic Future

A central tenet of Kop's proposal is the "standards-first" approach. He argues that technical standards are not merely technical tools but are "vessels for values." By proactively shaping the standards for quantum technologies, the EU can embed its democratic values, such as privacy, fairness, and accountability, into the core of the technology. This approach would not only ensure that quantum technologies are developed and used in a responsible manner but would also give the EU a competitive advantage in the global market for trustworthy quantum systems.

This concept builds upon a recent study published in the prestigious journal Science, senior-authored by Kop. The study, titled "Quantum technology governance: A standards-first approach," was first-authored by Mateo Aboy of Cambridge University, with co-authorship from Urs Gasser, a leading scholar at the Technical University of Munich and Harvard University, and I. Glenn Cohen, Vice Dean of Harvard Law School and Faculty Director of the Petrie-Flom Center for Health Law Policy, Biotechnology, and Bioethics. This foundational work, which can be accessed here at Science, provides the rigorous academic underpinnings for leveraging standards as a primary tool for responsible technology governance.

The paper, initiated by the Stanford Center for Responsible Quantum Technology, suggests the creation of a Quantum Technology Quality Management System (QT-QMS), which would be developed in partnership with international bodies like ISO/IEC and IEEE. This system would provide a certifiable CE mark for quantum systems, signaling their compliance with EU standards and values.

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Music Law and Artificial Intelligence: From Cloned Artists to AI-Generated Works

The rise of artificial intelligence (AI) in the music industry is sparking a revolution, profoundly changing how music is created. This development raises complex legal questions concerning AI and copyright, including related rights. How can we protect the creative rights of artists and composers while simultaneously allowing room for technological innovation? In this comprehensive yet accessible legal overview, we explore key issues regarding AI and music. These include whether AI can legally train on copyrighted materials without consent, TDM exceptions, how various rights organizations (such as Buma/Stemra and Sena) approach AI, the status of AI-generated musical works, the threshold of human creativity required, protection against AI voice cloning via privacy laws and moral rights, contractual implications, new obligations under the EU AI Act, differences between European and American law, and ongoing lawsuits. This article is tailored for artists, composers, music publishers, labels, voice actors, producers, and AI companies seeking clarity on their legal standing.

AI Training on Protected Music and Video Materials: Legal Framework and Debate

Can an AI model in the Netherlands and the EU train on copyrighted material (such as music or video) without permission from the rights holders? Generally, using protected material beyond private use or citation requires permission. Scraping or using data for AI training without permission is typically considered infringement unless a specific legal exception applies.

Buma/Stemra’s Opt-Out Policy

In the Netherlands, Buma/Stemra explicitly uses its opt-out rights, requiring prior consent for TDM on its repertoire, thus ensuring fair compensation for composers and lyricists.

EU AI Act: Transparency Obligations and System Monitoring

The EU AI Act, effective from August 2025, introduces important transparency requirements, obliging generative AI model developers to:

  1. Disclose training data used, including copyrighted music or texts.

  2. Maintain policies ensuring compliance with EU copyright law.

  3. Respect explicit opt-out signals from rights holders during training.

The Act doesn't prohibit using protected material for training outright but enforces transparency and compliance through oversight and penalties.

Composition, Lyrics, and Master Recordings: Different Rights Regimes

Music rights in the Netherlands broadly split into:

A. Copyright: Protects compositions and lyrics, managed by organizations like Buma/Stemra.

B. Neighboring Rights: Protect recordings and performances, managed by Sena.

AI-Generated Compositions and Lyrics: Completely AI-generated works often fail to meet traditional copyright criteria, as human creativity is essential.

Neighboring Rights: It remains uncertain whether AI-generated performances and recordings attract neighboring rights, as these typically rely on human involvement.

Copyright Status of AI-Generated Music

In the U.S., fully AI-generated works explicitly do not receive copyright protection. While Europe hasn't clarified explicitly, the prevailing legal view aligns with this stance—AI-generated works likely fall into the public domain unless there's significant human creativity involved.

Hybrid Creations: Music combining human and AI input may qualify for copyright protection depending on the human creative contribution's significance.

AI Voice Cloning: Personality Rights and Privacy

AI voice cloning technology poses challenges regarding personal rights and privacy. Artists may invoke:

  1. Privacy rights under EU law (Article 8 ECHR).

  2. Personality rights.

  3. Potential trademark and image rights analogously.

The EU AI Act mandates transparency in AI-generated content, aiming to mitigate unauthorized use and deepfake concerns.

Music Contracts in the AI Era

Existing music contracts require updates addressing AI-specific matters, including (1) Explicit licensing terms for AI training; (2) Ownership clarity of AI-generated content; and (3) Liability assignment for copyright infringements involving AI.

Conclusion: Balancing Innovation and Rights—Be Prepared

The intersection of AI and music law presents both opportunities and challenges. Stakeholders should proactively:

  1. Clearly define rights in AI-generated music contractually and update existing music contracts.

  2. Specify permissions (licenses) and restrictions (opt-out) regarding AI training explicitly.

  3. Seek specialized music & AI legal advice to navigate evolving regulations.

By strategically addressing these issues, artists, companies, and AI developers can legally and effectively harness AI innovations, maintaining both creative and commercial control.

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Mauritz Kop calls for a Quantum Governance Act at the University of Copenhagen, Faculty of Law

Much enjoyed giving a lecture titled ‘Quantum-ELSPI: A Call for a Quantum Governance Act’ on Thursday June 9, 2022 at the University of Copenhagen, Faculty of Law. This was an internal CeBiL event that took place before The Quantum Future symposium, organized by the Royal Danish Academy of Sciences and its newly established Committee for Quantum Information and Quantum Computing, together with the Niels Bohr Institute’s Quantum Life Centre.

EU Quantum Governance Act

With its own Copenhagen interpretation of quantum mechanics in which physical phenomena must be observed and measured to exist, the University of Copenhagen, Faculty of Law was the perfect place to propose an outline for a novel Quantum Governance Act on a European level, fostering open innovation while putting targeted, technology and industry specific risk based controls in place. The EU Quantum Act should jointly optimize advancing quantum technology (investment and innovation) with safeguaring quantum technology, society and humankind (guardrails, standards, values, IP protection and national security). For example, it could contain a product safety regime as found in the EU AI Act, combined with pro-innovation mechanisms as found in the US CHIPS Act. In addition, I connected regulating quantum to regulating general purpose technologies (GPT) like artificial intelligence (AI), but also to nanotechnology, biotechnology, semiconductors, and last not least to managing dual use fissionable materials such as nuclear isotopes and nuclear weapons, utilizing export and intellectual property controls.

The Law of Quantum: Quantum Regulatory Frameworks

The Quantum & Law lecture gave an overview of work done over the past 3 years on quantum regulatory frameworks, incentive and rewards systems, competition law, beyond intellectual property innovation law, ethics, national security policy, standardization, technology impact assessment, benchmarking and certification published or forthcoming in high impact journals at both sides of the Atlantic. My talk ended with discussing the latest research findings pertaining to the Law of Quantum, and Quantum-ELSPI academic disciplines. Thanks to the participants for their inspiring questions and comments!

Panel Debate about the Quantum Future at the Royal Danish Academy of Sciences

The brilliant lectures on atoms, photons, qubits, the nature of quantum information, the history of quantum physics, and current research into quantum computer paradigms -including combatting decoherence on both software and hardware levels- at The Quantum Future symposium where highly enjoyable. This fascinating program ended with a panel debate on how quantum technology will change our society, at the beautiful building of the Royal Danish Academy of Sciences, in attendance of fellow jurists Nicholson Price II, Louise C. Druedahl, Marcelo Corrales Compagnucci, and Agnieszka Radziwon.

Surfing the Waves of the Second Quantum Revolution

The panel debate at the Academy -superbly moderated by Nanna Bonde Thylstrup- gave a true, almost symptomatic picture of the various stakeholders' viewpoints and positions. But we are learning to speak each other's language better and better, a crucial and exciting step when it comes to balancing the societal impact of our mystical family of quantum technologies. Surfing the waves of the second quantum revolution requires building bridges between disciplines, beyond traditional research silos. Bringing together the humanities, social and natural sciences to spur sustainable innovation driven by a golden triangle of academia, government and industry is essential.

Thank you to Professor Timo Minssen and his team at CeBiL for the kind invite. https://jura.ku.dk/cebil/

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Montreal World Summit AI 2022 Features Mauritz Kop Keynote on EU AI Act

Montreal, Canada – May 4, 2022 – Today, at the prestigious World Summit AI Americas held at the Palais des congrès, Mauritz Kop, TTLF Fellow at Stanford Law School and Director of AIRecht, provided a concise overview of the proposed EU Artificial Intelligence Act. He was a featured panellist in a critical discussion titled, "Does the proposed EU Artificial Intelligence Act provide a regulatory framework for AI that should be adopted globally?". The summit, themed "AI with impact: for crisis response and business continuity and recovery," brings together leading AI brains and enterprise leaders.

Mr. Kop joined fellow distinguished panellists Professor Gillian Hadfield from the University of Toronto and Dr. José-Marie Griffiths, President of Dakota State University and former NSCAI Commissioner. The session was moderated by Meredith Broadbent, Former Chairman of the U.S. International Trade Commission and Senior Adviser at CSIS.

Novel Legal Framework for AI

During the panel, Mr. Kop outlined the main points of the novel legal framework for AI presented by the European Commission on April 21, 2021. He explained that the EU AI Act sets out horizontal rules applicable to all industries for the development, commodification, and use of AI-driven products, services, and systems within the EU's territory.

A core component of the Act is its sophisticated ‘product safety framework’, which is constructed around four distinct risk categories in a "pyramid of criticality". This risk-based approach dictates that AI applications with unacceptable risks are banned, while lighter legal regimes apply to low-risk applications. As the risk level increases, so do the stringency of the rules, ranging from non-binding self-regulation and impact assessments for lower-risk systems to potentially heavy, externally audited compliance requirements throughout the lifecycle of high-risk AI systems.

EU "Trustworthy AI" Paradigm

Mr. Kop emphasized that the Act aims to codify the high standards of the EU’s "trustworthy AI" paradigm, which mandates that AI systems must be legal, ethical, and technically robust, all while respecting democratic values, human rights, and the rule of law. A crucial aspect highlighted was the requirement for market entrance and certification of High-Risk AI Systems through a mandatory CE-marking procedure. This pre-market conformity regime also extends to the machine learning training, testing, and validation datasets used by these systems. Only after a declaration of conformity is signed and the CE marking is affixed can these high-risk systems enter and be traded on the European markets.

Enforcement will be managed by a new Union-level body, the European Artificial Intelligence Board (EAIB), supported by national supervisors in each Member State, similar to the GDPR's oversight structure. Mr. Kop noted the seriousness of non-compliance, with potential fines reaching up to 6% of a company's global turnover.

Balancing regulation with innovation, the EU AI Act also introduces legal sandboxes. These are designed to provide AI developers with "breathing room" to test new inventions and foster a flourishing AI ecosystem in Europe.

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Mauritz Kop Consults Senator Mark Warner on AI & Quantum Technology Policy

Washington D.C., January 4, 2022—As the United States Congress grapples with the complex challenges of regulating artificial intelligence and quantum technology, leading policymakers are seeking expert guidance to inform a robust and forward-thinking national strategy. On January 4, 2022, Mauritz Kop, a distinguished scholar in the field of technology law and governance, was consulted by the legal team of U.S. Senator Mark Warner (D-VA) to provide strategic insights on both AI and quantum technology policy.

This consultation highlights the growing recognition in Washington of the need for deep, interdisciplinary expertise to navigate the geopolitical, economic, and security dimensions of these transformative technologies. Senator Warner's team reached out to Kop based on his influential scholarship, including his extensive work at Stanford on the EU AI Act and the need for a strategic democratic tech alliance, his advisory role for the European Commission led by Ursula von der Leyen on the AI Act and Data Act, and his foundational article in the Yale Journal of Law & Technology proposing a comprehensive legal-ethical framework for quantum technology.

Senator Mark Warner: A Leader on Technology and National Security

Senator Mark Warner's engagement on these issues is both significant and timely. As the Chairman of the Senate Select Committee on Intelligence, he is at the forefront of addressing the national security implications of emerging technologies. His work involves overseeing the U.S. Intelligence Community and ensuring it is equipped to handle the threats and opportunities of the 21st century, where technological competition with nations like China is a central concern.

The Senate Select Committee on Intelligence has a broad mandate that includes analyzing intelligence on the technological capabilities of foreign powers and assessing the vulnerabilities of U.S. critical infrastructure. Senator Warner has been a vocal proponent of developing a national strategy for AI and quantum to maintain the United States' competitive edge and to ensure that these technologies are developed and deployed in a manner consistent with democratic values. This consultation with Mauritz Kop reflects the Senator's commitment to drawing on leading academic research to shape sound, bipartisan policy.

AI Policy: A Transatlantic, Risk-Based Approach that Lets Innovation Breathe

A key focus of the consultation was Kop's analysis of the European Union's AI Act. His Stanford publications argue for a balanced, pro-innovation regulatory model that can serve as a blueprint for international cooperation. Good governance and sensible legislation should incentivize desired behavior and simultaneously create breathing room for sustainable, beneficial innovation to flourish.

Quantum Governance: Establishing a Legal-Ethical Framework

The discussion also delved into the governance of quantum technology, drawing on Kop's seminal work in the Yale Journal of Law & Technology. Recognizing that quantum is rapidly moving from the theoretical to the practical, he stressed the urgency of establishing a legal-ethical framework before the technology is widely deployed and locked-in.

The consultation with Senator Warner's office represents a critical intersection of academic scholarship and high-level policymaking. As the United States charts its course in the era of AI and quantum, the insights provided by experts like Mauritz Kop are invaluable in ensuring that the nation's strategy is not only competitive but also responsible, ethical, and firmly rooted in democratic principles.

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