Copyright and AI: The Battle for Creative Rights in the UK
It’s no secret that artificial intelligence (AI) is reshaping industries, but its impact on creative works has sparked a heated debate. From novels and music to images and newspaper articles, copyright-protected content is being used to train generative AI models, and the implications are profound. On one side, creators are rallying to protect their intellectual property, viewing this as an existential threat to creativity itself. On the other, AI companies are advocating for unrestricted access to data, claiming it’s essential for innovation. The stakes are high, and the battle lines are clearly drawn.
The issue has gained significant attention, with over 30,000 individuals, including prominent writers, actors, and academics, signing the widely publicized “Statement on AI Training.” This document highlights the concerns of creators and has brought the debate into the public eye. Meanwhile, tech giants like Microsoft are pushing back. CEO Satya Nadella has compared AI training to learning from a textbook, arguing that companies should have the freedom to use data to train their models. Governments worldwide, including the UK, are now under pressure to navigate this complex and rapidly evolving landscape.
What Is the Current UK Position?
The UK has so far taken a cautious approach to the intellectual property (IP) issues surrounding AI. The primary legislation governing copyright, the Copyright, Designs and Patents Act 1988 (CDPA), was drafted over three decades ago and has not been fully updated to address the challenges of the AI era. Under the CDPA, copyright owners have the right to prevent their works from being copied, distributed, or performed without permission. As it stands, using copyrighted works to train AI models for commercial purposes is not allowed without authorization.
This contrasts with other regions. In the European Union (EU), copying for commercial purposes is permitted unless the rights holder opts out. In the United States, AI developers can often rely on the “fair use” exemption. However, enforcing these restrictions in the UK is far from straightforward. Identifying whether a specific work has been used in an AI training dataset is challenging without access to the dataset itself. Even when it’s clear that copyrighted material has been used, proving infringement requires a deep understanding of the underlying technology.
AI models don’t store raw data in their neural networks; instead, they evolve based on the training data. This makes it difficult to trace the origins of the data used. However, in some cases, clues in the AI-generated output—such as watermarks—can provide evidence. This issue is central to the ongoing case of Getty Images vs. Stability AI. Getty has accused Stability AI of using its images as training data and producing outputs that include the Getty watermark. The trial, set for June 2025, will be a landmark case in determining how these issues are addressed in the UK courts.
Similar cases are unfolding in the United States. The New York Times has filed a lawsuit against OpenAI, demanding the destruction of AI models trained on its content. The outcomes of these cases could significantly impact the relationship between AI companies and content creators, particularly in the realm of copyright law.
How Might UK Policy Change?
The UK government is expected to address these contentious issues in its upcoming Artificial Intelligence Opportunities Action Plan. Prime Minister Sir Keir Starmer has indicated that the plan will include provisions to ensure publishers maintain control over their content and receive compensation when it is used for AI training. These changes are eagerly anticipated by creators and rights holders.
The debate over creators’ rights isn’t new. In 2021, Labour MP Kevin Brennan introduced a private member’s bill proposing rights to remuneration for creators and greater transparency about how their works are used. Although the bill didn’t progress, it sparked a broader discussion. The government later committed to examining these issues as part of an AI and IP consultation.
In June 2022, the previous government proposed a new copyright and database exception to allow text and data mining for any purpose, including AI training. While creators wouldn’t have the right to opt out, they would be entitled to safeguards, such as remuneration through subscription-based platforms. Prime Minister Starmer’s recent comments suggest that this approach remains the government’s preferred direction.
In the meantime, some major rights holders are taking matters into their own hands. Companies like the Financial Times in the UK, Axel Springer in Germany, and Conde Nast in the US have entered into licensing agreements with AI companies like OpenAI. These deals, reportedly worth tens of millions of pounds annually, grant AI companies access to their content in exchange for flat fees and ongoing payments. This trend is likely to grow as other media outlets follow suit.
What Are the Implications of Potential Reform?
Any changes to UK copyright law will have far-reaching implications for both creators and AI innovators. Historically, copyright law has evolved slowly in response to technological advancements. However, the challenges posed by AI may necessitate more comprehensive reforms. The upcoming AI Opportunities Action Plan could mark a turning point in how the UK addresses these issues.
Beyond copyright, the EU has already enacted the EU AI Act, which includes transparency and reporting requirements for AI models. This legislation is the first of its kind globally. Post-Brexit, it remains to be seen whether the UK will align with the EU’s approach or chart its own course. Either way, the Action Plan is expected to provide much-needed clarity in this rapidly developing area.
As the debate continues, one thing is clear: the intersection of AI and copyright is a battleground that will shape the future of creativity and innovation. Whether through legislation, court rulings, or private agreements, the balance between protecting creators’ rights and fostering technological progress will be a defining issue of our time.
Originally Written by: TechRadar Pro
