AI and Copyright in the UK
(This is the text of a recent short piece I published on SSRN, it’s short enough to be turned into a blog post, but it’s written in a more formal style than what habitual users are accustomed to).
Copyright has been at the forefront of many of the policy conversations surrounding artificial intelligence (AI) in recent years, particularly since the rise of generative AI. It is therefore no coincidence that the United Kingdom stands at a pivotal juncture in this very topic. The unrelenting advancement of AI presents a great opportunity to secure a position at the forefront of this new technology. To seize this moment, the nation must proactively shape a regulatory environment that fosters innovation while respecting the important creative industries. Central to this is the urgent re-evaluation of the UK’s copyright framework, a process already underway with the government’s recent consultation on AI and copyright. This article argues that a progressive reform of the text and data mining (TDM) exception is an important enabler for making the UK a globally competitive destination for AI development.
The government’s consultation has rightly identified several key areas for consideration: copyright authorship for works generated by AI, the potential for licensing regimes, enacting transparency requirements in AI training, and a vital revision of the exceptions and limitations surrounding text and data mining. It is on this last point that the UK’s future as an AI powerhouse may hinge. By embracing a forward-looking TDM exception, with at least a robust opt-out mechanism for creators, the UK can signal that it is open to investment in this vital sector, as well as being able to stimulate homegrown innovation in AI technologies.
