Government proposes AI data mining exception featuring ‘rights reservation’ for creators

The government is proposing a form of ‘opt out’ copyright system that would allow developers to train artificial intelligence (AI) on creative works, unless the creator has specified they do not want their work to be used.

As part of a 10-week consultation launched last month on how to reform the UK’s copyright framework amid the growth of the AI sector, the government says its preferred option would be to introduce a data mining exception involving a “rights reservation package”.

Under the proposal, AI developers would be able to train on all copyrighted materials unless the creator declares they do not want their work to be used for training processes. 

Licensing agreements

In instances where creators reserve their rights through an agreed mechanism, a licence would be required for data mining.

The consultation says right holders would control the use of their copyrighted work through “effective and accessible technologies and seek payment through licensing agreements”.

The government says the mechanism, which would be similar to the EU’s existing exception for text and data mining, has the potential to support AI innovation and remove legal ambiguity, while also creating licensing opportunities for right holders and reducing barriers to remuneration.

“This approach could bring clarity for right holders over how their work is used and resolve the current uncertainty around when remuneration can be sought through a licence,” the consultation says.

“This would help safeguard the economic viability of the creative and media industries, ensuring right holders can control how their high-quality data contributes to AI innovation.”

The consultation document adds that reforms should be underpinned by increased developer transparency and also suggests changes that would require developers to declare the material they train AI with, how they acquired the material and the content they generate from it.

It also acknowledges the introduction of a data mining exception and rights reservation package would need to be delivered alongside support mechanisms to encourage widespread adoption and compliance, which could include the development of dispute resolution and oversight bodies.

Other possible reforms

The consultation lists several other options for copyright reforms. Among them is a broad data mining exception, which would allow data mining on copyright works, including for AI training, without creators’ permission. Some countries, including Singapore, already have similar measures in place.

The consultation says a broad exception with no restrictions would improve AI developers’ access to training material and investment in the UK’s AI sector but would not meet the needs of creators as they would not be able to seek remuneration for use of their works.

The government says such radical changes to UK copyright rules “are highly likely to constrain the growth of the creative and media sectors” and may be incompatible with the UK’s obligations under international law.

Another option listed is to strengthen copyright requiring licensing in all cases. This would mean AI models could only be trained on copyright works in the UK if they have an express licence to do so.

The consultation says this option would provide a clear route to remuneration for creators but is “highly likely” to make the UK significantly less competitive in the AI field than other jurisdictions, such as the EU and US, where laws would be comparatively less restrictive.

The government says it does not wish to proceed with a fourth option, which would be to have copyright and related laws remain as they currently are, as it says this would uphold the current lack of clarity both creators and AI developers are experiencing.

Growing in partnership

The consultation, which is open for feedback from anyone on one or more of the proposals, will run until February 25. The government says it will then use responses to shape its proposed approach “to allow the creative industries and AI sectors to continue to grow together in partnership”.

In October, chair of the Culture, Media and Sport (CMS) Select Committee Caroline Dinenage wrote to Culture Secretary Lisa Nandy expressing “deep concerns” the current government was seeking to resurrect a text and data mining exception for AI developers.

The previous government proposed, delayed and then dropped a copyright exception, which would have allowed AI companies to use existing music, literature and works of art, following pressure from sector leaders and the CMS Committee to abandon the plans.

Last month, a YouGov poll found almost three quarters (72%) of respondents agreed AI companies should be required to pay royalties to the creators of art used to train AI models.