AI needs data, creatives need protection – can the UK balance both?

After ten weeks, the UK government’s consultation on copyright and artificial intelligence (AI) closed last night. Launched on 17 December 2024, the consultation invited input from creatives, AI companies, and industry stakeholders alike, reflecting the government’s ongoing efforts in “supporting the growth of the creative industries and AI sectors while recognising the value of human-centred activity.”[1] The issue at hand? How to keep the UK attractive to AI companies while ensuring that the creative industries – whose work fuels many AI models – aren’t left behind.

Balancing act

At the core of the consultation was the government’s declaration that the existing copyright framework “does not meet the needs of (the) UK’s creative industries or AI sectors.”[2] Why so? Rights-holders argue that their works are being exploited without permission or payment, while AI companies assert they need access to vast amounts of data to remain competitive.

The government’s proposed approach is to find a solution which meets three key objectives:

• Supporting the control rights-holders have over their works, and their ability to be remunerated for its use.
• Aiding the development of AI models, by ensuring wide and lawful access to high-quality data.
• Encouraging greater transparency between the creative industries and AI sectors (and consumers).

Some of the government’s proposals include:

• A broad data mining exception, which covers commercial use and broadens access to data.
• In tandem with the above, a system for rights-holders to ‘reserve their rights’ and prevent their works from training AI models.
• Agreed licensing mechanisms that ensure rights-holders are compensated when their works are used to train AI models.

The consultation also sought comments on intellectual property rights in AI outputs, AI output labelling, and the use of AI in other sectors (namely education).

Next steps

The government will publish a summary of responses, likely leading to further consultations before any concrete changes.

For now, AI’s role in creative industries remains a growing topic of discussion. Campaigns such as Make it Fair[3] see unchecked AI as a threat to publishers and creators, while others argue that restrictive policies could stifle innovation and drive AI companies out of the UK. As discussions evolve, the challenge lies in creating a legal framework that harmonises these competing interests and ensures a sustainable path forward.

[1] https://www.gov.uk/government/consultations/copyright-and-artificial-intelligence/copyright-and-artificial-intelligence, A.1.1

[2] https://www.gov.uk/government/consultations/copyright-and-artificial-intelligence/copyright-and-artificial-intelligence, A.1.6

[3] https://newsmediauk.org/make-it-fair/