Dear ACID Members,

Are you worried about your copyright work being used to train Artificial Intelligence (AI) unless you explicitly opt out?

Responses can be submitted online or via email at [email protected].

Why You Should Respond?

Currently, there is no streamlined way to “opt out” of having your work used to train AI models. Also, there is no accountability mechanism or regulatory body to oversee AI developers who utilise your work without permission. This lack of safeguards can leave creators vulnerable to unauthorised use and exploitation of their intellectual property (IP).

Responding to this consultation offers a unique opportunity to make your voice heard, especially if you believe you should maintain control over the copyright you create! A response doesn’t have to be onerous or answer many of the complicated questions –  a simple email or letter on headed paper will suffice. Use your personal experiences as a case study to illustrate how losing control over your copyright could negatively impact your business.

The Government’s Perspective

The UK Government has highlighted AI as a driver of economic growth. As outlined in an Action Plan led by Science Secretary Peter Kyle, AI has transformative potential to foster innovation, support startups, upskill the workforce and boost productivity. By creating a globally competitive AI ecosystem, the UK aims to attract investment and promote sustainable technological advancement.

However, the plan’s emphasis on improving access to AI training resources raises concerns for copyright creators. Allowing AI to train on copyright work without permission risks undermining the rights of creators who may lose control over how their work is used.

Challenges for Copyright Creators

While innovation and AI’s rapid growth are exciting, they also present challenges for creators in the Creative Industries and beyond. Copyright laws, which grant creators exclusive rights to publish, distribute and sell their work, are at risk of being undermined by AI’s need for vast amounts of data to train its models. Current laws require copyright holders’ permission to use their work but many AI developers already bypass this through a lack of robust opt-out mechanisms and regulation.

The Creative Industries are one of the UK’s eight fastest growth areas and its knowledge assets are incalculable, employing over 2.3 million people in every corner of the country.

How AI Models are Trained

Training an AI model involves exposing it to massive datasets to teach it to recognise patterns, make predictions and improve its performance. This iterative process requires substantial computational resources and specialised hardware like Graphics Processing Units (GPUs) or Tensor Processing Units (TPUs). While the process enables AI to perform tasks with impressive accuracy, the datasets often contain copyright material used without the creator’s permission.

Your Rights and the Current Lack of Protection

At present, there is no specific legal system allowing creators to opt out of having their work used for AI training. This gives AI developers and Big Tech companies almost unlimited freedom to use your creations without authorisation. Authors, artists, graphic designers, greetings card designers and other creators must act now to ensure their voices are heard.

Practical Steps You Can Take

If you don’t want your work to be used without permission, here’s what you can do:

Communicate Your Stance
Clearly state your copyright terms on your website, social media, and other platforms. For example:
“All intellectual property (IP) rights created by [Your Business Name] are and will remain our property. Any infringement of these rights or use by AI developers for training purposes will be pursued vigorously.”
Displaying the ACID logo and signing the ACID IP Charter reinforces this message.

Embed Metadata and Watermarks
Add metadata to your digital files to indicate copyright ownership and usage restrictions. Watermarks can also deter unauthorised use. Embedding metadata is relatively simple and can be done using file properties, specialised software or programming methods (e.g., EXIF for images, or custom fields in JSON or XML).

Monitor and Enforce Your Rights
Regularly check for unauthorised use of your work online. If you identify infringements, contact the offending party to request removal or seek legal advice. However, identifying the offending party remains a significant challenge without a regulatory system in place.

Participate in the Consultation
Summarise your concerns and experiences succinctly and responding direct to the consultation. Also send a copy to [email protected] –

ACID will be sending a separate response to the Government Consultation.

The Need for Agile Regulation

Rapid advancements in AI demand proactive policy-making. Decision makers must craft regulations that strike a balance between protecting creators’ IP and fostering AI innovation. Safeguards are essential to provide creators with confidence in their rights while supporting the UK Government’s ambitions for digital growth.

A Case Study: Creativity at Risk

To illustrate the risks, ACID recently tested an AI platform by requesting it to create a new greetings card. The prompt: “Create a greetings card in the style of well-known Greeting Card A but with the humour of Greeting Card B.” Within a minute, the AI generated a card that mimicked both companies’ styles. How could these companies have opted out to protect their originality and business model? This example highlights the urgent need for a regulatory framework to address the intersection of IP and AI.

Your Role in Shaping the Future

The consultation closing on 25th February provides an opportunity to influence policy and ensure copyright creators retain control over their work. Your input will help policy makers address the challenges posed by AI and establish a fair system that protects creators’ rights while fostering technological innovation.

If you have concerns about the unauthorised use of your IP, please respond to the consultation. ACID is here to support you – contact us at [email protected] for guidance or assistance with your response. Also think about contacting and meeting with your MP. Together, we can work toward a future where creators and AI coexist in a balanced and mutually beneficial ecosystem.

Best wishes,

Dids Macdonald
Chair, Co-founder, Director of Public Affairs, IP Policy & Campaigning