# Recital (104)

The providers of general-purpose AI models that are released under a free and open-source licence, and whose 
parameters, including the weights, the information on the model architecture, and the information on model usage, 
are made publicly available should be subject to exceptions as regards the transparency-related requirements 
imposed on general-purpose AI models, unless they can be considered to present a systemic risk, in which case the 
circumstance that the model is transparent and accompanied by an open-source license should not be considered to 
be a sufficient reason to exclude compliance with the obligations under this Regulation. In any case, given that the 
release of general-purpose AI models under free and open-source licence does not necessarily reveal substantial 
information on the data set used for the training or fine-tuning of the model and on how compliance of copyright 
law was thereby ensured, the exception provided for general-purpose AI models from compliance with the 
transparency-related requirements should not concern the obligation to produce a summary about the content used 
for model training and the obligation to put in place a policy to comply with Union copyright law, in particular to 
identify and comply with the reservation of rights pursuant to Article 4(3) of Directive (EU) 2019/790 of the 
European Parliament and of the Council (40).

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Source: Regulation (EU) 2024/1689 (Artificial Intelligence Act) as amended by Regulation (EU) 2026/1744, consolidated text of 27 July 2026 (Official Journal of the EU). This page is AI-generated legal information, not legal advice. Verify against the Official Journal.
Canonical: https://euaiactlaw.com/recital/104