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18 December 2024

UK Government Launches Consultation On AI Copyright Law

Measures aim to balance protections for creatives with AI developer needs amid industry concerns.

The UK government has officially launched consultations aimed at addressing the intersection of artificial intelligence (AI) and copyright law. The initiative, described as necessary to provide clarity for AI developers, arises amid mounting concerns from the creative industries over the potential for their work to be used without proper compensation.

On December 17, 2024, the government announced its plans, stating it seeks to support artists' incomes and boost the economy by establishing clearer frameworks for AI model training. Technology Minister Peter Kyle emphasized, "It's clear our current AI and copyright framework does not support either our creative industries or our AI sectors to compete on the global stage." The new proposals are touted as offering enhanced protections and payment for rights holders, though many artists are skeptical.

Under the proposed system, tech companies would be allowed to use copyrighted material for training AI models, yet rights holders could opt-out, maintaining some control. The notion of a 'rights reservation' system aims to prevent unauthorized use of creative works but has already sparked significant unrest among artists. Sir Paul McCartney expressed concerns, fearing technology might "take over" the creative process without legal safeguards.

With the consultation running until February 25, 2025, industry stakeholders are encouraged to submit responses, as the government aims to strike a balance between promoting innovation and protecting creators' rights. The effort arose out of previous failures to craft satisfactory voluntary codes governing AI copyright usage, prompting this more formalized approach.

Critics argue, nevertheless, the proposals may fall short. A global petition signed by over 37,300 artists—including renowned figures like Julianne Moore and Kate Bush—articulates strong opposition to AI's unlicensed use of creative works, dubbing it "a major, unjust threat to the livelihoods of the people behind those works." The petition demands exclusion of generative AI from utilizing such copyrighted materials without express permission.

Culture Secretary Lisa Nandy reaffirmed the government's stance, asserting the need for transparency from AI firms over the materials they employ for model training, with licensing deals as a potential avenue for generating revenue for creators. She stated, "We stand steadfast behind our world-class creative industries… and will work to develop this clearer copyright system for the digital age."

Despite the government’s aspirations to support creative and AI sectors effectively, campaigners are urging caution. Critics, such as the British composer Ed Newton-Rex, question the feasibility of the proposed opt-out mechanisms, as they suggest they would favor larger rights holders and leave smaller creators vulnerable.

Dan Conway, head of the Publishers Association, echoed similar sentiments, saying, "There has been no objective case made for new copyright exceptions...rights holders must control how and when their work is used." Meanwhile, Owen Meredith of the News Media Association highlighted the importance of fair remuneration for content's usage. Citing concerns over the proposed rights reservation system, he added, "Such unworkable systems only complicate the legal frameworks we need."

The UK government's proposals come at a time of declining trust between AI developers and the creative industries, with both sides emphasizing the need for accountability. Reflecting this anxiety, the Copyright Alliance—a group representing various media companies—has vocally opposed any changes likely to weaken copyright protections, warning it could repel investments away from the UK creative sector.

The initiative is central to the government’s broader economic strategy, which aims for the UK to maintain the highest sustained growth within the G7. Officials contend these changes will help invigorate both creative and technology sectors by fostering partnerships across industries. Kyle reiterated this vision, insisting on "balancing strong protections for creators, whilst removing barriers to AI innovation, and delivering collaborative solutions."

So far, the government has welcomed all stakeholder views as it finalizes its approach to AI and copyright frameworks, promising to work alongside creators and developers to discover effective remedies. Dame Caroline Dinenage MP, chair of the CMS Committee, has emphasized the pressing need for new guidelines, asserting, "The consultation is a welcome recognition of the need for change, but the government needs to respect creators’ rights."

While awaiting the government’s next steps, stakeholders are holding their breaths, anxiously monitoring policy developments as the AI revolution continues to reshape creative industries.

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