The Government recently announced its long-awaited consultation on copyright and AI.Copyright law has always proven to be adept at evolving with technology advances and still protect creators; radio/ tv/film/software/databases/blockchain/internet… AI is nothing new. However, this existential challenge is of great concern to copyright creators and extreme care and thought must be taken to provide safeguards for them. The main issue is whether there should be exceptions to allow AI to be trained.

For your voices to be heard, the link to the consultation is HERE and closes on 25 February:

The Guardian raises some key questions for those in the Creative Industries here

An excellent summary of the issues at hand is written by our friends the IPKat (Angela Daly) here

The government says, “Copyright is a key pillar of our creative economy. It exists to help creators control the use of their works and allows them to seek payment for it. However, the widespread use of copyright material for training AI models has presented new challenges for the UK’s copyright framework, and many rights holders have found it difficult to exercise their rights in this context. It is important that copyright continues to support the UK’s world-leading creative industries and creates the conditions for AI innovation that allows them to share in the benefits of these new technologies.

The consultation seeks views on proposals to deliver against the Government’s objectives for this area, which are:

• boosting trust and transparency between sectors by ensuring AI developers provide right holders with greater clarity about how they use their material.
• enhancing right holders’ control over whether or not their works are used to train AI models, and their ability to be paid for its use where they so wish.
• ensuring AI developers have access to high-quality material to train leading AI models in the UK an support innovation across the UK AI sector.

Additionally, the consultation addresses other emerging issues, including copyright protection for computer-generated works and the issue of digital replicas.

ACID raises questions on the above for consideration:

• After a failed two-year engagement by the Creative Industries with AI developers to establish a Code of Conduct to which LLMs would adhere, what does “greater clarity” look like if they wouldn’t come to the table in the first place?
• It is difficult enough for lone, micro and SME creatives who make up the backbone of the Creative Industries to police the use of their works so that they get paid. So, what does this enhanced control look like and who will regulate the use of their works?
• Unless there is an agreed business model for AI developers to access (and pay for) high-quality material to train leading AI models in the UK and supposedly “support innovation across the UK AI sector”, use of others’ IP will be unchecked. Like any other users of another’s IP, the onus is on AI developers to seek permission not the other way around.

The government continues, “As AI evolves rapidly, the UK’s response must adapt. The consultation is an opportunity for anyone with an interest in these issues to share their views and provide evidence regarding the economic impact of these proposals. During the consultation, we will also run wider engagement activity to help ensure that the full range of views is heard”.

Dids Macdonald OBE., Co-founder and Chair of ACID said, “I agree that as AI evolves rapidly, the UK’s response must be nimble but with an unquantifiable threat, how can SME creatives possibly provide evidence regarding the economic impact of these proposals when AI developers are driving a bullet train through traditional protection of our precious knowledge assets? Whilst, inevitably, there are significant advantages of AI’s effect on societal, technological, medical and economic issues et al, this will be like an out of control whack a mole about which our government and others will have no control unless there is a meeting of minds”.ontrol whack a mole about which our government and others will have no control unless there is a meeting of minds”.

Documents Copyright and Artificial Intelligence

Ref: ISBN 978-1-5286-5330-5, E03259461 12/24, CP 1205

HTML Order Copyright and Artificial Intelligence

Ref: ISBN 978-1-5286-5330-5, E03259461 12/24, CP 1205

PDF, 1.23 MB, 40 pages Order a copy

Summary assessment of options

MS Word Document, 171 KB

Ways to respond

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