Government proposes copyright exception for AI

Government proposes copyright exception for AI

The Government has launched its much-anticipated consultation on the application of UK copyright law to the training of Artificial Intelligence (AI) models. This consultation, open until February 25, outlines three key proposals aimed at achieving the following objectives: 

• Supporting rights holders in maintaining control over their content and ensuring they are fairly remunerated for its use. 

• Facilitating the development of world-class AI models in the UK by providing wide and lawful access to high-quality data. 

• Enhancing trust and transparency between the creative and technology sectors. 

A notable proposal is the extension of the text and data mining (TDM) exception.  

What is a text and data mining (TDM) exception? 

A TDM exception is a provision which allows individuals or organisations to perform TDM activities without infringing on copyright or other intellectual property rights, even when working with protected material. Such an exception is particularly crucial for AI developers who rely on computational methods to analyse large datasets for machine learning. 

Currently, UK law provides a TDM exception for non-commercial research. The proposed extension would include commercial use, aligning with the EU’s exception under Article 4 of the Digital Single Market Copyright Directive (Directive (EU) 2019/790). As with the EU exception, this proposal would allow AI developers to train on all available materials unless the right holder had expressly reserved their rights. 

Why is the government considering this? 

The Government believes that adopting this approach would balance AI developers’ need for access to works with rights holders’ need to retain control over their creations. It states, “This approach would appear to have the potential to meet our objectives of control, access, and transparency, and enable licensing agreements, ensuring right holders are remunerated where appropriate”. 

The MPA strongly opposes any introduction of a copyright exception for AI training, even with an opt out. The MPA believes that such a policy would undoubtedly undermine the rights of copyright holders. 

What else is the consultation addressing? 

The consultation also addresses other emerging issues, including copyright protection for computer-generated works, transparency rules for AI companies as well as labelling requirements for AI generated out puts.   

Speaking on the news, MPA Group CEO Paul Clements said: 

The MPA welcomes the opportunity to engage further with the UK Government on the critical issue of copyright and Artificial Intelligence through this consultation. 

While we welcome the consultation’s focus on greater transparency and record-keeping by AI companies, we remain deeply concerned about the consultation’s proposal to introduce a copyright exception for AI training.  The MPA has always maintained that such a measure, regardless of any rights reservation mechanism associated with it, would undoubtably undermine the rights of copyright holders.   

Our response to the consultation will remain consistently clear to the UK Government in support of the UK’s songwriter, composer and music publishing sector we represent. We do not seek to present barriers to innovation but have every right to protect the UK’s incredible and proud heritage of creator talent while seeking to ensure a passage remains open to future generations of human creators. 

The MPA will submit a formal response to the consultation and actively participate in informal discussions with ministers, policymakers, and civil servants to ensure the voice of the music publishing community is effectively represented on this critical issue. If you have any questions about the consultation, please contact our Chief Policy Officer, Ornella Akanga ([email protected])