The Department for Culture, Media and Sport (DCMS) yesterday published its report and impact assessment on the use of copyrighted work in the development of artificial intelligence.
The report states: “Our approach to copyright and AI must enable the transformational benefits of AI, which will support growth and improve living standards, while protecting human creativity and our world-leading creative industries. We will not introduce reforms that do not support this objective.”
An ‘opt-out' exception - which would have allowed developers to scrape creators’ work online to train AI models without active permission from or pay for creators - was supported by just 3% of consultation respondents. The report acknowledges the scale and breadth of opposition, from entertainment superstars to those earning a modest living from their creativity.
The NUJ says its own consultation response opposed an ‘opt-out’ exception and called for a simple, revocable opt-in mechanism for individual and collective licencing.
The union also supported clear labelling of AI-generated content and joined sister unions in calling for transparency over the use of members’ work in AI training, urgent regulatory oversight to protect workers’ rights, and enforcement of existing copyright laws to allow creators to seek compensation for unauthorised theft of their work.
The report states that the government believes “right holders should be fairly remunerated” for their work and “agrees that greater transparency about how AI developers train their models, including the content and data they use, can help right holders assert their rights.” It also foresees a greater focus on the needs of individual creators - including journalists and photographers.
The government also acknowledges that “labelling content so it is clear whether it has been made using AI [...] may help protect against disinformation and harmful deepfakes,” though it does not propose to introduce regulatory oversight on transparency “at this time”.
The government has said that issues around transparent labelling, copyright enforcement and licencing require further consultation and engagement. 81% of respondents expressed support for strengthened copyright laws requiring licencing for AI development, while over 90% agreed that AI developers should disclose the sources of their training material.
Laura Davison, NUJ general secretary, said: “This is a very welcome change in approach. Organisations and workers across the creative industries have been united in opposing an ‘opt-out’ exception and we are pleased the government has seen sense and listened to those concerns.
“The unregulated deployment of artificial intelligence is not an abstract threat but a real danger across our sector, with members reporting increased drudgery, ‘content’ demands, and the largescale theft of their work.
“The deployment of AI must be based on the principles of worker control, consent and compensation, and we are pleased the government recognises that creatives must be fairly paid for their work.
“We urge the government to continue engaging meaningfully with the NUJ, our members, and sister unions through the Broadcasting, Entertainment & Arts Unions so that the voices of workers are represented in future government engagements and working groups.”
News Media Association response to Government statement on AI and Copyright
News Media Association Chief Executive, Owen Meredith, has said: "We are pleased that the government has listened to concerns and taken the unworkable opt-out copyright exception off the table, recognising that giving away our goldmine of creative content is not the way to drive UK growth. By the same logic, the government must now swiftly dismiss other exceptions that could be even more harmful, particularly an exception for 'science and research' or 'commercial research’.
"AI firms should now focus on meaningful engagement with news publishers to secure licenses to access their rich breadth of content, and the government must make clear that this is what they expect. Scaling a dynamic licensing market will support the government's ambition for the UK to have the fastest AI adoption in the G7, with the presence of high-quality news content being crucial to building trust in AI models".
PPA response to Government statement on AI and Copyright
Sajeeda Merali, CEO of the Professional Publishers Association commented: “The government’s latest update on AI and copyright is a positive indication that it is listening to the consistent feedback from across the sector, including the PPA and our members, and recognising the need to take a more balanced and considered approach to this issue. In particular, acknowledging that the consultation’s preferred option of an opt-out mechanism for text and data mining by LLMs was flawed, and taking that option off the table, would represent important progress for publishers and the trusted editorial brands our members represent.
“While we would like clearer direction in the near term on what will replace the original proposal, we welcome the government taking the time to ensure it properly considers the needs of publishers, particularly around transparency requirements. The PPA looks forward to continuing to work constructively with government and regulators, representing our members as we help shape a framework that supports both innovation and the UK’s world-leading publishing and creative industries.”
PLS response to Government statement on AI and Copyright
Tom West, CEO of Publishers’ Licensing Services (PLS), welcomed the government’s shift on copyright and AI and pointed to licensing as a ready-made solution to support both creators and AI developers, Tom said: “We welcome that the government has listened to the strong response it received from across the UK’s creative industries to its consultation and has stepped back from its preferred option of a copyright exception with an opt out and is to review the transparency of AI inputs – which would further boost licensing.
“Whilst we await further clarity from the government on the long-term direction of its copyright policy, PLS will continue to serve our publishers and work with our partners on market-based, industry-backed AI licensing solutions.
“This approach is already being put into practice. At the London Book Fair last week, PLS launched the first stage of a new collective licensing solution designed specifically to support the use of published content in AI. It was met with strong interest and positive feedback from publishers and industry partners, with publishers already beginning to sign up. The solution offers a practical, scalable way for AI developers to access high-quality content while ensuring creators are paid and retain control over how their work is used.
“The case has not been made for the introduction of a new copyright exception. There is no market failure and a dynamic licensing market for the use of content in AI has developed and continues to grow. Any copyright exception for generative AI would jeopardise these licensing solutions, removing the ability of large and small rightsholders to receive payment for the use of their works in AI and reducing control over their content.
“PLS welcomes the government’s engagement on this critical issue. We share a commitment to a mutually beneficial outcome and invite the government to work closely with us to help further develop and promote licensing options that support rightsholders of all sizes and AI developers seeking high-quality, trusted content.”
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