Quietly, we are witnessing a new phase of artificial intelligence (AI) user-generated content (UGC). Users no longer need to access AI models through cloud services like
ChatGPT,
Claude,
Gemini or
Stability AI; instead, they can run open source models locally on their own devices. This story has developed dramatically over the last few months as new versions of Chinese open-weight models from
Qwen,
DeepSeek,
GLM and
MiniMax have
disrupted open source AI model marketplaces (e.g.
HuggingFace) and ‘surpassed US models in total downloads’. Alongside the publication of model weights and huge efficiency gains, these models are more effectively designed for local use.
Now, users
can ‘download, run, study and modify them’ according to their own rules.
Platform UGC vs ‘AI model UGC’This is a significant shift from traditional UGC where platforms were used to disseminate content and dialogue. The acronym we all want to forget in the EU, OCSSPs (online content-sharing service providers), pursuant to Article 17 of the
DSM Directive, was an (unhelpful) way of identifying and recognising the value that platforms play (and extract) by moving beyond a mere intermediary role for hosting (and incentivising) potentially infringing copyright works. Fraught with uncertainty over user rights safeguards (e.g. COMMUNIA’s post-DSM Copyright Report
here), this Kat suspects that we may encounter familiar territory when applying these principles to open source AI model marketplaces, and perhaps beyond.
HuggingFace is illustrative. It is an AI model marketplace based on open source software principles (e.g. openness and collaboration) where users share training datasets, models, and tools for AI projects with space for communication and dialogue. Often these communities converge on niche forms of UGC where users interact with the intent to share knowledge, resources and feedback. This is possible despite the resource intensive nature of fine-tuning large image generation because model marketplaces offer more efficient tools, primarily
Low-Rank Adaptation (LoRA) models that can train foundation models (e.g. Stable Diffusion). When combined with a specific dataset, these tools alter foundational models to generate specific content using far less compute. LoRA has already been used to fine-tune Stable Diffusion on niche parody-esque examples (e.g.
Pokémon).
During this Kat’s recent trip to Belgium for the KU Leuven
CiTiP’s
IP and AI Conference, she highlighted HuggingFace spaces dedicated to Tintin where fine-tuned versions of Stable Diffusion XL can generate content in the style of Tintin. These spaces then list Qwen models helpful for using this content to create sequence frames and dialogue. Though some noted the Hergé Estate’s characteristic knee-jerk reaction to any creative reuse of Tintin (e.g.
here,
here, and more recently
here in relation to the
Angoulême International Comics Festival - IPKat
here), others have
termed these spaces as ‘AI Generated Content (AIGC) social platforms’.
As users ‘showcase their creations, participate in discussions, and receive feedback, […] creating a sense of community’, this takes form as creative infrastructure, moving beyond the traditional copyright lens of dissemination on platforms and even, the simple provision of tools. One would hope that copyright can adapt to this changing function without overly restricting freedom of expression and creativity more broadly.
Open weight models 2.0 run locally challenge traditional communication conceptsSo, what has changed in the last few months? While users already download models and run them locally, new versions of Chinese open weight models are a masterclass of algorithmic efficiency. DeepSeek made headlines last year when it was
reported that they spent
$6million to train their V3 model compared to OpenAI’s $100million through architecture optimization and by activating a small portion of the model’s parameters for each task. For users running these models locally, they no longer need to pay per request, nor is their data shared with AI companies, and by extension, rightsholders through Article 53(c) of the
AI Act. It also likely
removes guardrails (e.g. refusals to generate, evading responses and harmful keyword filtering) which reduce rightsholders’ enforcement window against the reproduction and communication to the public of allegedly infringing AI-generated content.
This enforcement gap makes the holistic interpretation discussion during the C-250/25
Like Company (IPKat
here) CJEU
hearing even more consequential. Such an approach assumes there is a reproduction during input stage (e.g. data collection and preparation, and training AI models) when determining infringement of output. Google referred to copyright’s fundamental characterisation as a bundle of rights alongside international tort law principles, to rebut this interpretation. It could be said that assuming infringement at input stage risks a much-needed assessment of whether acts related to training AI models are captured by copyright. Further, it could result in EU copyright law stretching far beyond its borders to jurisdictions where training likely occurred. Similar arguments have been made about Article 2 of the
AI Act and were avoided by the High Court of England and Wales in
Getty Images v Stability AI (IPKat
here) in relation to Getty's primary claim of infringement.
Running open source models locally also means that users can adjust settings like
model temperature which ‘controls the randomness of an LLM’s outputs’ through APIs. Again, during the
Like Company hearing, Google
argued, inter alia, that the probabilistic character of the system and the presence of hallucinations, meant that there could be no reproduction. Somewhat akin to a ‘non-copyright’ use argument, randomness placed outputs outside the copyright system entirely. In contrast, when users run models locally, they can deliberately increase the
model’s temperature to generate potentially more parodic or transformative output.
Comment
The spectrum of engagement with models clearly challenges the copyright system. A system, in this Kat’s view, which, until recently, was oriented around individual acts of copying, with platforms cast as new points of interference to bridge technological enforcement gaps. However, UGC occurring on AI model marketplaces demands a shift in rhetoric and approach. Their ability to redistribute creative agency and control over the tools of cultural production should prompt us to reflect on how copyright law should respond to creativity that occurs through shared infrastructures.
Cases like
Pelham I (IPkat
here),
Pelham II (IPKat
here) and
Mio/konektra (IPKat
here) illustrate the growing tendency to view the boundaries of copyright through the lens of communication. Infringement depends on recognisable elements, for both phonograms and works of applied art, and creative-based exceptions centre upon dialogue. It could be said that the future trajectory of copyright depends on the dialogue between relevant interests, and to the extent that they do not, perhaps copyright’s individually focused boundaries should shrink. Instead, the collective value of creativity that benefits non-expressive uses (training AI models or downstream monetisation of generated AI content) should be recognised and remunerated through an area of law more suited to valuing collective expressive, namely cultural heritage.
At the very beginning of this Kat’s short trip to Belgium, her all-time favourite Belgian took her to ‘
Tintin’s Imaginary Museum’ in Spa, an exhibition that brings to life the first major exhibition of Hergé’s work (in 19179) where Hergé had designed the poster. Amongst the mythical Tintin objects like the moon rocket, this exhibition included quotes from Hergé’s that hint how he may have viewed his own dialogue as an artist:
Should others take over Tintin, they might do it better than me, or maybe not. One thing is certain, they would do it differently and, at the same time, it wouldn’t be Tintin anymore.
This Kat ponders whether copyright can accept these differences without eroding the very dialogue that grounds it – thoughts that she notes in her forthcoming book
Creative Reuse.