UK creatives fear AI copyright waiver
December 17, 2024
By Colin Mann
In a consultation announced by the UK government, it is proposed there may be an exemption to copyright laws, letting tech companies use material to train their artificial intelligence (AI) models unless the rights holder objects under a so-called ‘rights reservation’ system.
In return, tech companies may be forced to open their AI models to greater scrutiny in the UK, in an effort to stop the creative industries having their work being reproduced without compensation. The plans will face pushback in the creative industries, with executives warning that the UK is at risk of undermining one of the country’s largest and most successful drivers of economic growth. Having in effect to ‘opt out’ of the use of their work in AI models could be costly, difficult to monitor and time-consuming for artists and creatives, they argue.
The idea will also alarm parts of the tech sector, given the plans include AI firms having to be more transparent on the data they use to train models and on how the content they then generate is labelled. The UK government said that tech companies could be “required to provide more information about what content they have used to train their models […] to enable rights holders to understand when and how their content has been used in training AI”. Copyright holders would then be able use this information to more easily strike licensing deals under the plans.
In an interview with the FT, culture minister Sir Chris Bryant said the government would force through transparency over both AI input and output — making clear what a model was trained on, and whether something was produced by AI. “This can deliver for the creative industries if we get this right. All these parts are contingent on each other. We want to be able to deliver legal clarity and legal certainty because both sides say that doesn’t exist at the moment,” he said. “AI companies have said to us very, very clearly that they want to do more business in the UK, but they can’t […] they’re just so nervous about the legal uncertainty. But it is a quid pro quo. They get that certainty, but only if they can create a system of rights reservation that genuinely works.”
Officials say the consultation will seek opinions on areas such as enforcement, which could include legislation or a regulator to oversee the sector, as well as on what technical systems are needed to make a rights reservation regime work.
A previous attempt to agree a voluntary AI copyright code of practice was unsuccessful this year, but Bryant is hopeful that the government can find a balance that benefits both sides.
Last week, a body of heavy-hitting US media companies wrote to the UK government warning that any relaxing of copyright that allowed AI scraping for learning would chill investment in the UK creative sector. The Copyright Alliance, which represents some of the largest US media groups such as Disney, Fox, Paramount, Universal Music and Getty, set out its “strong opposition to the introduction of AI exceptions” to copyright rules.
The government says the latest proposals will help unlock the full potential of the AI sector and creative industries to drive innovation, investment, and prosperity across the country, driving forward the UK government’s mission to deliver the highest sustained growth in the G7 under its Plan for Change.
Currently, uncertainty about how copyright law applies to AI is holding back both sectors from reaching their full potential. It can make it difficult for creators to control or seek payment for the use of their work, and creates legal risks for AI firms, stifling AI investment, innovation, and adoption. After previous attempts to agree a voluntary AI copyright code of practice proved unsuccessful, this government is determined to take proactive steps with our creative and AI sectors to deliver a workable solution.
To address this, the consultation proposes introducing an exception to copyright law for AI training for commercial purposes while allowing rights holders to reserve their rights, so they can control the use of their content. Together with transparency requirements, this would give them more certainty and control over how their content is used and support them to strike licensing deals. This would also give AI developers greater certainty about what material they can and cannot use and ensure wide access to material in the UK.
Before these measures could come into effect, further work with both sectors would be needed to ensure any standards and requirements for rights reservation and transparency are effective, accessible, and widely adopted. This would allow for smooth application by AI developers and right holders alike, ensuring rights holders of all sizes can reserve their rights and that any future regime delivers our objectives. These measures would be fundamental to the effectiveness of any exception, and we would not introduce an exception without them.
The consultation also proposes new requirements for AI model developers to be more transparent about their model training datasets and how they are obtained. For example, AI developers could be required to provide more information about what content they have used to train their models. This would enable rights holders to understand when and how their content has been used in training AI.
Secretary of State for Science, Innovation and Technology, Peter Kyle, said: “The UK has an incredibly rich and diverse cultural sector and a ground breaking tech sector which is pushing the boundaries of AI. It’s clear that our current AI and copyright framework does not support either our creative industries or our AI sectors to compete on the global stage.”
“That is why we are setting out a balanced package of proposals to address uncertainty about how copyright law applies to AI so we can drive continued growth in the AI sector and creative industries, which will help deliver on our mission of the highest sustained growth in the G7 as part of our Plan for Change.”
“This is all about partnership: balancing strong protections for creators while removing barriers to AI innovation; and working together across government and industry sectors to deliver this.”
Secretary of State for Culture, Media and Sport, Lisa Nandy, said: ”This government firmly believes that our musicians, writers, artists and other creatives should have the ability to know and control how their content is used by AI firms and be able to seek licensing deals and fair payment. Achieving this, and ensuring legal certainty, will help our creative and AI sectors grow and innovate together in partnership.”
“We stand steadfast behind our world-class creative and media industries which add so much to our cultural and economic life. We will work with them and the AI sector to develop this clearer copyright system for the digital age and ensure that any system is workable and easy-to-use for businesses of all sizes.”
The government says that licensing is essential as a means for creators to secure appropriate payment for their work, and these proposals lay the groundwork for rights holders to strike licensing deals with AI developers when rights have been reserved. For example, a photographer who uploads their work onto their Internet blog could reserve their rights, with confidence that their wishes will be respected and generative AI developers will not use their images unless a licence has been agreed. This would support the creative and media industries’ control, and their ability to generate revenue from the use of their material and provide AI developers with certainty about the material they can legally access.
This combined approach is designed to strengthen trust between the two sectors, which are increasingly interlinked, clearing the way for developers to confidently build and deploy the next generation of AI applications in the UK, in a way that ensures human creators and rights holders have a shared stake in AI’s transformative potential.
The government welcomes licensing deals that have already been agreed, including by major firms in the music and news publishing sectors. But it is clear that many more creatives and right holders have not been able to do so under the current copyright regime. The creative industries, and businesses of all sizes, need more help to control their content and strike licensing deals. The government is determined to make it easier for them to do this.
The consultation also recognises issues related to the protection of personality rights in the context of digital replicas, such as deepfake imitations of individuals, and will seek views on whether the current legal frameworks are sufficiently robust to tackle the issue.
As AI continues to develop at a rapid pace, the UK’s response must evolve alongside it. The government welcomes all stakeholder views on these proposals and is committed to making progress by collaborating with creators, rights holders, and AI developers to co-design the right copyright and AI framework for the UK, which will allow both sectors to thrive.
Dame Caroline Dinenage MP, Chair of the CMS Committee, said: “Our Committee has heard widespread concerns from the creative industries about how their copyrighted works are used to train AI models without consent or compensation. The consultation is a welcome recognition of the need for change but the Government needs to make sure that any final proposals ensure creators’ rights are respected.”