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UK government proposes letting tech giants use copyrighted work to train AI

Labour’s Lisa Nandy and Peter Kyle

AI developers could have wider access to copyrighted material to train “world-leading models” in the UK, the country’s government has suggested.

The UK government has begun a consultation on the legal framework around the use of AI, which will run for 10 weeks, closing on February 25, 2025.

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, the UK government said.

The UK government believes, together with transparency requirements, this would give rights-holders 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, the UK government added.

The consultation is seeking views on how the government can ensure the UK’s legal framework for AI and copyright supports the UK creative industries and AI sector together.

“Currently, uncertainty about how copyright law applies to AI is holding back both sectors from reaching their full potential,” the UK government said.

The consultation is being led by the Intellectual Property Office, Department for Science, Innovation & Technology and the Department for Culture, Media & Sport as part of the UK Government’s Plan for Change.

Ultimately, the UK government said it wants creators to have “greater control” over how their material is used by AI developers and “enhance” their ability to be paid for its use.

The proposals will also seek greater transparency from AI firms over the data used to train AI models alongside how AI-generated content is labelled.

The move will help drive growth across both sectors by ensuring protection and payment for rights holders and supporting AI developers to innovate responsibly, the UK government claimed.

However, the plans have already been criticised in some quarters of the UK creative industries, with fears it could open the door to rights holders losing control of how and when their work is used.

Simon Mirren

It comes after former Criminal Minds showrunner Simon Mirren told Content London delegates earlier this month that the recent release of Sora would lead to the “biggest theft in IP history” as the technology is put into the hands of the general public.

Before 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, the UK government said.

“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,” it added.

The UK’s Secretary of State for Science, Innovation & 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 & 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 said it 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,” it said.

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