The UK Intellectual Property Office (IPO) has launched a consultation on proposed changes to copyright law in the UK. The consultation addresses the challenge of applying existing copyright laws to the development of AI models, with the stated aim of making it easier for AI developers to build models while continuing to protect the rights of creators and other copyright holders. It proposes a revamped copyright exception that would allow the commercial use of copyright content to train AI models, subject to an opt-out and certain other safeguards.
The consultation is open for responses until 25 February 2025. You can respond here or by emailing copyrightconsultation@ipo.gov.uk.
Expanding the text and data mining exception to commercial use
To train certain AI models, model developers often ingest vast quantities of text, images, and other data, some of which may be protected by copyright. At present, UK copyright law allows AI models to be trained on copyrighted works for the narrow purpose of non-commercial research only – known as the ‘text and data mining’ exception, or TDM. This means that developers using copyright content for commercial purposes must enter into a licence with the rightsholder to avoid infringing UK copyright.
The IPO proposes introducing a broader TDM exception, allowing text and data mining of copyright works for any purpose, including commercial use and training AI models. This would bring the UK in line with the EU copyright regime, where TDM is available for commercial purposes subject to rightsholders’ rights to opt-out. The UK IPO proposes a similar opt-out right, allowing rightsholders to opt-out of having certain copyright works being used for text and data mining.
The consultation proposes additional measures to protect rightsholders, including (similarly to the EU AI Act) requiring greater transparency from model providers on what content they use to train their models and how they access and scan websites, and encouraging the development of a standardised technical solution for rightsholders to notify developers that they have opted out of the TDM exception. This proposal is likely influenced by the implementation of the EU TDM exception, where a lack of technical standardisation has made it difficult to assess what constitutes a valid opt-out from a rightsholder. For AI models trained outside the UK, the consultation notes that the UK Government intends to engage and align with the EU AI Act and other international regimes to ensure international interoperability.
Other proposed measures
The consultation requests feedback on several other areas affected by the recent advancements in AI, including:
- The removal of copyright protection for purely computer-generated works with no human author. Works created by an author that are AI-assisted would remain protected.
- Whether AI-generated content should be labelled to distinguish it from human-created works, potentially mirroring the transparency requirements under the EU’s AI Act.
- Whether further legal protections are needed for personality rights, particularly in cases where AI has been used to create digital replicas of individuals without consent.
- What type of new measures could support good IP licensing practices, and particularly the potential for "collective licensing" frameworks.
Conclusion and next steps
The consultation proposes potentially significant changes to copyright law in the UK. It will be of interest to AI model developers and rightsholders alike. Freshfields regularly supports businesses and organisations in their responses to consultations such as this. Please reach out to a member of our team if you would like to discuss further.