The UK government has delivered its long-awaited progress report on its consultation on copyright and AI, with stakeholders from both the creative and tech industries seemingly left wondering what comes next.
The government initially proposed amendments to copyright law that would enable an exception to copyright infringement for data mining with the purpose of training AI, with the caveat rightsholders would have the option to opt-out and therefore prevent their copyright works from being used to train AI. The 125-page progress report, which gives insight into international perspectives on AI and copyright law and the potential ramifications on the UK economy following the deliberation of three different options, does not seem to clarify any solid plans for the near future. Instead, the government has said that it “no longer has a preferred option” and is instead continuing to monitor how the markets react to AI and copyright training.
Creatives have praised the government for backtracking on their initial stance, which would have prejudiced those creatives by allowing free rein for AI models to use their works without consent or requisite remuneration. However, unsurprisingly, stakeholders in AI have expressed discontent at the government’s reversion, stating that if the UK’s legislation mirrored the Fair Use provisions in the US and Japan then tech investment could flourish.
It would appear overall that, after a comprehensive study and pressure from high-profile copyright owners, the government is not yet clear on how best to proceed in respect of copyright and AI. In turn, it will be vital for all rightsholders to continue monitoring the government’s approach and ensure that they are aware of any potential developments in future.
If you have any questions on the above, or if you need any advice or support in respect of your own Intellectual Property, please do not hesitate to contact the team at McDaniels Law on 0191 281 4000 or legal@mcdanielslaw.com.

