UK Creative Industries Resist AI Proposals on Copyright-Protected Work
The UK's creative industries are pushing back against government proposals that would allow AI companies to use copyrighted material without permission. With the rise of generative AI, the debate over intellectual property rights has become increasingly c
CopyrightAiCreative IndustriesFair UseIntellectual PropertyReal EstateFeb 25, 2025
The latest protest comes in the form of a silent album co-written by more than 1,000 musicians, including Kate Bush.
This follows a statement signed by 48,000 creatives, including Abba’s Björn Ulvaeus, who warned of a “major, unjust threat” to artists’ livelihoods.
The primary issue at the heart of this debate is the training of generative AI models.
These models, which power tools like the ChatGPT chatbot, require vast amounts of data to function effectively.
The primary source of this data is the open web, which includes a broad spectrum of content from Wikipedia to newspaper articles and online book archives.
Creative professionals and industries, including authors, artists, and newspaper publishers, are demanding compensation for the use of their work in building these AI models.
They argue that their content is being used for free to create tools that directly compete with their own creations, thereby stifling their ability to earn a living.
The UK government's proposed solution is to allow AI companies to train their models on copyrighted material under an exception for “text and data mining”.
Under this proposal, creatives would have the option to opt out of the mining process through a “rights reservation” system.
However, this opt-out proposal has been met with skepticism.
Critics argue that there is no evidence of a “water-tight” rights reservation process in any country.
The government contends that AI firms like OpenAI already have mechanisms in place to allow news publishers to block web crawlers from accessing their content.
The consultation also includes measures requiring transparency from AI developers on the content used to train their models.
These proposals are similar to those in the EU AI Act, which also includes an opt-out option.
However, the act’s provisions have been criticized by an architect of EU copyright law, who highlights the lack of a robust opt-out system.
Critics of the government consultation, such as Beeban Kidron—a crossbench peer in the House of Lords and a film-maker—argue that existing copyright law is sufficient and does not need to be changed.
They assert that the opt-out option is unfair and places an undue burden on artists, particularly emerging ones, who may not be aware of such provisions or have the resources to implement them effectively.
The government, however, maintains that the creative industries are crucial to the UK economy, contributing £126bn and employing 2.4 million people.
They argue that current copyright laws are no longer tenable, citing the proliferation of legal disputes over the issue.
Tech firms, represented by organizations like TechUK, argue that the current “uncertainty” over AI and copyright law is hindering the development and use of AI technology, including in creative industries.
OpenAI, the company behind ChatGPT, has acknowledged that it would be “impossible” to train AI models without using copyrighted material.
They defend their practices by invoking the US legal doctrine of “fair use”, which allows the use of content in certain circumstances without seeking permission.
The debate over AI and copyright is likely to continue as the UK government and the creative industries seek a balance between innovation and the protection of intellectual property rights.
Frequently Asked Questions
Why are creative industries protesting against AI proposals?
Creative industries are protesting because they believe AI companies are using their copyrighted work without permission or compensation, which they see as a threat to their livelihoods.
What are the UK government's proposed changes?
The UK government proposes to allow AI companies to use copyrighted material for training AI models under an exception for 'text and data mining', with an opt-out system for creatives.
What is the main concern with the opt-out system?
The main concern is that the opt-out system is not robust enough and places an unfair burden on artists, especially emerging ones, who may not be aware of or able to implement it.
What does the tech industry say about the proposal?
Tech industry representatives argue that the current uncertainty over AI and copyright law is hindering the development and use of AI technology, and that the US 'fair use' doctrine justifies the use of copyrighted material.
How important are creative industries to the UK economy?
Creative industries are very important to the UK economy, contributing £126bn and employing 2.4 million people.
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