AI and copyright: walking the tightrope of innovation and creators' rights

What you need to know

The UK Government's December 2024 "Copyright and Artificial Intelligence" consultation has ignited fierce debate among the creative, legal and tech sectors.  A key proposal is a broader copyright exception for commercial text and data mining, under which copyright holders would need to actively "opt out" if they do not want their work used for AI training.  Creators feel that this upturns the current copyright framework by placing the onus on artists and stacking the odds in favour of AI developers.  Significantly, too, some legal commentators believe that the UK risks breaching its international obligations in the Berne Convention which guarantee automatic copyright protection for creators and in doing so risks damaging its reputation in global intellectual property law.

The Government's stated intention is to find that elusive middle ground between rewarding creativity and unlocking the potential of AI.  Although it is clearly keen for the UK to pull ahead of the global pack in terms of AI innovation, the risk of breaching international law is not one that should be taken lightly.

Other Author: Anya Brown, Trainee Solicitor