Concerns Over Copyright in AI Capability Action Plan
The UK’s ambitious new plan to position the country as a major player in artificial intelligence has garnered praise from many technology and business leaders. However, one aspect of the plan is raising concerns among certain copyright owners.
Among the various initiatives outlined in the 50-point AI Capability Action Plan presented to Parliament on Monday (13 January) is a commitment to reform the UK’s text and data mining regime to ensure it is “at least as competitive” as that of the European Union.
“Current uncertainty surrounding intellectual property (IP) is stifling innovation and undermining our broader AI ambitions, as well as the growth of our creative industries,” the plan states.
“This has persisted for too long and demands an urgent resolution. The EU has progressed with an approach aimed at fostering innovation in artificial intelligence while simultaneously enabling rights holders to control the use of the content they create. The UK is lagging behind.”
This has sparked criticism from observers who are concerned that copyright reforms aimed at AI could devalue intellectual property.
“The recommendation to alter copyright law to favor artificial intelligence companies spells disaster for the creative sectors,” stated Ed Newton-Rex, founder and CEO of Quite Trained, in a LinkedIn post.
“The recommendation to reform copyright law to benefit artificial intelligence companies is terrible news for the creative industries.”
Ed Newton-Rex, Quite Trained
Fairly Trained is a non-profit organization that certifies AI models trained ethically (i.e., without the unauthorized use of copyrighted content).
“We can maximize the potential of the Action Plan and become leaders in artificial intelligence without infringing copyright laws,” added Newton-Rex, who stepped down as the company’s vice president of audio in 2023, citing AI stability in relation to the company’s stance that using copyrighted material for AI training without permission constitutes “fair use” under US copyright law.
Dan Conway, CEO of the Publishers Association, which represents book and periodical publishers, cautioned that the reform could lead to “a plunder of UK copyrighted works by US technology companies”.
In a LinkedIn message on Monday, Conway mentioned that Parliament is currently consulting on matters related to artificial intelligence and copyright. He asserted that the Publishers Association “will seek assurances from ministers that all options—including enforcing the existing gold standard copyright regime with provisions for transparency—are subject to full scrutiny.”
Currently, specifics regarding how the UK plans to reform its copyright laws remain unclear, but a correlation with the European Union offers some insight.
The EU’s Artificial Intelligence Act, promoted as the world’s first comprehensive law governing artificial intelligence, establishes an “opt-out” framework for AI data mining. Under this model, AI developers may scan the Internet for copyrighted materials to train their models unless the copyright holder explicitly indicates their objection.
“The UK can reform its civil service and seize the growth opportunities associated with artificial intelligence without contributing to the plunder of copyrighted works by US technology.”
Dan Conway, Publishers Association
This model has drawn ire from many music rights holders who advocate for a “consent” model, whereby AI developers are required to obtain permission from copyright holders to utilize their copyrighted content for training. They contend that the opt-out system unfairly places the onus on copyright owners to safeguard their rights.
However, several music artists have employed EU law to assert that they do not consent to their copyrighted works being used by AI without prior authorization.
Last May, Sony Music Group sent a notice to 700 AI developers and music streaming services declaring that it would prohibit the use of its materials to train artificial intelligence. A month later, Warner Music Group issued a letter to technology firms informing them that they would require permission to use their content.
Another objective of the proposed AI plan is to establish a “copyright-protected” library of media content designated for AI developers. According to the Action Plan, the so-called “British Media Training Dataset” could be sourced from institutions such as the National Archives, the Natural History Museum, the British Library, and the BBC.
The UK’s AI initiative unfolds amidst intensifying competition among nations for leadership in artificial intelligence development and ongoing disputes between copyright holders and tech companies concerning the use of copyrighted works for AI model training.
In the US, copyright owners have initiated a series of lawsuits against AI developers, claiming that tech companies have utilized copyrighted material without authorization to train their AI systems.
Noteworthy among these are two lawsuits brought forth by divisions of Sony Music Group, Universal Music Group, and Warner Music Group against Suno and Udio, generative AI services that enable users to rapidly create complete songs from text prompts.
The music industry giants argue that Suno and Udio trained their models on their works, emphasizing the resemblances between existing copyrighted songs and content produced by these AI music platforms.
In their defense, Suno and Udio have largely acknowledged the likelihood that they relied on copyrighted material but maintain that it falls under “fair use.”
Artificial intelligence company Anthropic employs a similar defense strategy against a lawsuit from UMG, Concord, and ABKKO, which claims that Claude’s chatbot has misappropriated copyrighted song lyrics.
Impact of AI Development on the UK Economy
The UK’s AI Action Plan is centered on the prospective economic advantages of AI advancement, along with the efficiencies that AI technology could introduce into public services.
Citing IMF data, the UK government anticipates that full development of AI could contribute £47 billion (US$57.1 billion) to the UK economy annually over the next decade.
The plan encompasses commitments from various technology firms to invest a collective amount of £14 billion ($17 billion) into artificial intelligence development within the UK, which is expected to generate approximately 13,250 jobs.
Additionally, it proposes the establishment of new “AI growth zones,” where proposals for AI infrastructure development will be fast-tracked. The inaugural site will be in Culham, Oxfordshire, which is home to the UK Atomic Energy Authority.
“Artificial intelligence will catalyze incredible changes in our nation. From personalized lessons for teachers to aiding small businesses with record-keeping and expediting planning applications, this could transform the lives of working individuals,” stated Prime Minister Sir Keir Starmer.
“However, the AI industry needs a government that is supportive, which will not take a passive stance and forfeit opportunities. In an era of fierce competition, we cannot stand idly by. We must act rapidly and decisively to win the global race.”
Lucas focuses on the interaction between music and society. He specializes in how music influences and reflects cultures, analyzing the role of sound in social, political, and cultural events around the world.
