The ongoing debate surrounding the use of copyrighted material in the training of Artificial Intelligence models has taken a significant turn, with the House of Lords emerging as a vocal champion for creatives’ Intellectual Property (IP) rights. In recent deliberations on the Data (Use and Access) Bill, the Lords have pushed back against government proposals that were perceived to favour AI developers at the expense of copyright holders. James Corlett looks at how the House of Lords’ support may shape the future relationship between AI development and creative IP in the UK.
Amidst concerns that AI firms are profiting from the unlicensed use of creative works, potentially devaluing the UK’s £120 billion creative economy, the House of Lords has twice backed amendments aimed at greater transparency. These amendments would require AI developers to disclose the copyrighted material used in their training datasets. This move aims to empower creators by allowing them to see how their work is being used, potentially object to its use, and explore licensing opportunities.
The government had initially proposed an “opt-out” system, placing the onus on creators to explicitly prevent their work from being used in AI training. However, this approach has drawn heavy criticism from the creative industries, who argued that it was akin to forcing them to “give their work away for free.” Leading figures across the creative sectors, from musicians like Sir Paul McCartney to actors such as Sir Ian McKellen, voiced their support for the Lords’ amendments, urging the government to prioritise fair licensing and transparency.
Why does this matter to you?
Creatives: This is a potential win for you – the artists, musicians, writers, designers, meaning you get more control over your precious IP and potentially fairer rewards if it’s used in AI development.
AI innovators: This might mean a few more hoops to jump through. Keeping detailed records of your training data could become the norm, and there might be a bit more caution needed around potential copyright issues.
What’s next?
The issue now shifts back to the House of Commons, where the government faces renewed pressure to reconsider its stance. The creative industries are calling for robust measures that ensure transparency and fair compensation for the use of their work, arguing that the UK risks undermining a significant sector of its economy if it fails to protect IP rights in the face of rapid AI advancements. The outcome of this will be crucial in shaping the future relationship between AI development and creative IP in the UK.
Our view.
We think this debate shines a light on the really important spot where AI and IP law meet – a place we know inside out. Finding that sweet spot where AI can flourish and creators’ rights are respected is crucial. The Lords’ amendments are a clear signal that they’re leaning towards more transparency and control for copyright holders which is hard to argue against from a rightsholders point of view, and we’ll be keeping a close eye on how this all plays out.
We’ll keep you in the loop as this Bill makes its journey through Parliament – there are sure to be more twists and turns on this ride yet..
