UK govt confirms backtrack on ‘broad exceptions’ for AI
Focus shifts to ‘code of practice’ for AI developers following criticism from creatives | Govt told that AI will continue to pose a threat to creators' IP without “a definitive course of action” | Trust of creatives must be rebuilt after “abortive attempts to roll out broad exception” plans, says report.
The UK government has officially abandoned plans to give artificial intelligence (AI) developers broad copyright exceptions for text and data mining, following widespread criticism from creative industries.
The Culture, Media and Sport (CMS) Committee published the government response to its second report on connected tech, which highlighted concerns about allowing the developers to mine private IP for profit without sharing this intent with the original creators.
Creators ‘must be rewarded’
In early 2023, the then UK Minister for Science, Research and Innovation, George Freeman stated in Parliament that the UK government would not be proceeding with an extension to the UK’s text and data mining exception.
The controversial first proposal emerged in 2022 following the UK government’s consultation on changes to IP legislation that might be necessitated by the advent of AI.
The response, published today, January 11, further confirms that the government is no longer proceeding with its proposal that would have granted AI developers leeway to use copyrighted works when training AI models without first seeking approval.
Instead, it plans to focus on developing a code of practice for AI developers who seek to use copyrighted material.
The CMS report, published in August, urged the government to eschew its original wide-sweeping plans in favour of proactively supporting AI developers, and small ones in particular, that may encounter difficulties in acquiring licensing agreements.
“The government should support the continuance of a strong copyright regime in the UK and be clear that licences are required to use copyrighted content in AI.
“In line with our previous work, this committee also believes that the government should act to ensure that creators are well rewarded in the copyright regime,” the CMS report added.
Damage from abortive attempts to introduce exemptions
The government, it insisted, must work to regain the trust of the creative industries following its “abortive attempt to introduce a broad text and data mining exemption”.
Additionally, the report said the government should consider how creatives can ensure transparency and, if necessary, “recourse and redress” if they suspect that AI developers are wrongfully using their works in AI development.
In its response published yesterday, the government acknowledged that the reproduction of copyright-protected works by AI “will infringe copyright, unless permitted under licence or an exception”.
As such, the government will now shift its focus to developing a code of practice for AI developers.
“This supports the government’s ambition to make the UK a world leader in research and AI innovation, while ensuring that the UK copyright framework continues to promote and reward investment in creativity,” the response noted.
Commenting on the government’s response, Dame Caroline Dinenage MP, chair of the CMS committee, said: “We are pleased to see the government commit to developing a code of practice on copyright and AI and to exploring stronger legal protections for creators whose likenesses are misused by generative AI.
“However, without a definitive plan of action, we are concerned that AI will continue to pose a threat to creators' IP. The government must move quickly to show it is serious about the issue and rebuild trust with the creative industries.”
The government said that a more detailed response to the committee’s recommendations will come with the government’s response to the AI Regulation white paper and the publication of the Cultural Education Plan, which is due in “the coming months”.
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