The UK government has altered its position on copyright and AI, saying it does not plan to introduce an “opt out” exception to copyright for artificial intelligence training, in a report published today.
The government’s proposed ‘opt-out’ model would have meant rights holders having to explicitly say they do not want their work used to train AI models, allowing developers to scrape creators’ work online without active consent.
The government had previously said the ‘opt-out’ model was its preferred option to support AI innovation in the UK as it sought to balance the interests of the AI and creative industries.
The government has now ruled out a sweeping change of copyright law following a backlash from the creative industries highlighted in a government consultation on the issue last year. An overwhelming 88% of the 11,500 respondents said they wanted to see copyright licenses required for all cases when training AI models on existing works.
Today’s report - published jointly by the Department for Science, Innovation and Technology, Department for Culture, Media and Sport, and the Intellectual Property Office - says the government “must take the time needed to get this right. We will not introduce reforms to copyright law until we are confident that they will meet our objectives for the economy and UK citizens”.
The report says: “In view of the concerns raised by stakeholders, and the continued uncertainty about the likely effects of an exception with opt-out, a broad copyright exception with opt-out is no longer the government’s preferred way forward.”
Unclear future
However, the government’s position on what to do next about copyright is now unclear. The report added: “Any reform must ensure that rights holders can be fairly rewarded for the economic value their work creates, and that they are protected against unlawful and unfair use of their work. It must also ensure that AI developers can access high-quality content. It is clear through the consultation and our subsequent engagement that there is no consensus on how these objectives should be achieved.”
Liz Kendall, secretary of state for science, innovation and technology, outlined four areas for future focus: a consultation on digital replicas, a taskforce to put forward proposals on best practice for labelling AI-generated content, a review of the mechanisms available for creators to control their works online, and a working group on independent and smaller creative organisations to explore whether there is a role for government to support their ability to license their content.
UK actors’ union Equity welcomed the government’s ‘marked change of approach’. Equity’s general secretary, Paul W Fleming, said: “The pause announced today is recognition that selling out the UK’s creative industries to benefit US tech companies would’ve been an act of national self-sabotage. The UK should be the best place on the planet to create, supporting the government’s growth agenda through a strong copyright regime and respect for creative workers.”
In a statement, Kendall said: ”We have listened. We have engaged extensively with creatives, AI firms, industry bodies, unions, academics and AI adopters, and that engagement has shaped our approach. This is why we can confirm today that the Government no longer has a preferred option.
”We are not the only government facing this challenge. The United States, the European Union, Australia, India, and many other governments are trying to find a way through. As the recent Lords Communications and Digital Committee report on AI, copyright and the creative industries recognised, it will take time to get this right. We will do so in a way that is in line with our own interests and values.”
Commenting on the government’s next steps on copyright and AI, the chair of the Culture, Media and Sport Committee Dame Caroline Dinenage MP said: “The Government is right to halt its proposed copyright reforms, reflecting the breadth of concern across the creative industries. However, it feels like a case of going back to square one and we are no further forward than we were two years ago. All the time the Government continues to delay legislating in this area, the world of AI is rapidly pressing ahead with its development.
”The UK can both preserve its gold standard copyright regime and enable its tech sector to grow. The early signs of licensing agreements between rights holders and AI companies are encouraging but are a sign that in the absence of any regulation, industry has been left to resolve this by itself. The Government is right to recognise that smaller, independent creators should not be overlooked as these partnerships take shape. Everyone who creates for a living, across our world-leading art, literature, music, and film and television sectors, should be fairly compensated for the use of their work and have control over how it is used.”
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