The government has back tracked on its plan to allow AI companies to train their models using copyrighted unless the rights holder opts out following strong protests from several groups and individuals in the creative industries.  

In a policy update, the Department for Science, Innovation and Technology (DSIT) said “a broad copyright exception with opt-out is no longer the government’s preferred way forward” after many people in the creative industries expressed concern that “a broad exception would allow generative AI to learn from their works, without compensation, and in direct competition to them”.

In a consultation, only 3% of the 11,500 respondents backed the government’s preferred option. High profile figures including Elton John also spoke out against the plans. He told the BBC it would be “committing theft, thievery on a high scale”.

When we asked Bristol Creative Industries members for their views on copyright and AI, several were against a broad copyright exempion too:

Catherine Frankpitt, Strike Communications:

“The government must work urgently with creative and tech sectors to establish a legally enforceable framework requiring clear disclosure of AI training data sources and mandatory opt-in licensing. We need a distinction between AI as a creative tool versus unauthorised training on copyrighted works. Creators must retain ownership and receive fair compensation for any AI usage of their work. Given AI’s global reach, this framework needs both robust UK legislation and international coordination.”

Susan Pearson, Wordways:

“The copyright for anything I write is 100% mine or my client’s. No-one or no ‘thing’ should ever have the right to reproduce the words of writers exactly unless these words are expressed within quote marks with the source of the quote acknowledged – unless they have specific permission. Anything else would be creative theft.”

Emma Barraclough, Epoch:

“For brand assets to be valuable, they must be protectable. And yet without clear rules AI generated assets are at risk of being copied and compromised by others. For AI to become a truly powerful tool for creatives, we need laws that make its output safe, ownable, and enforceable.”

What the government will do next on copyright and AI

In the policy update, the government said “we must take the time needed to get this right” and it will not introduce reforms to copyright law until we are confident that they will meet our objectives for the economy and UK citizens.

It added:

“This means protecting the UK’s position as a creative powerhouse, while unlocking the extraordinary potential of AI to grow the economy and improve lives. Any reform must ensure that right holders can be fairly rewarded for the economic value their work creates, and that they are protected against unlawful and unfair use of their work. It must also ensure that AI developers can access high quality content. It is clear through the consultation and our subsequent engagement that there is no consensus on how these objectives should be achieved.”

The government claimed there is “limited and uncertain evidence on the impact of copyright on the development and deployment of AI in the UK”, so the evidence base must continue to be built.

DSIT has also published a new economic impact assessment on copyright and AI which considers the available evidence.

The policy update said:

“We propose to address the gaps in evidence on copyright reform, consider alternative options and review our approach in light of wider market and international developments. Alongside this, we propose to take steps to help right holders control and license their work, including through encouraging greater transparency.

“We also propose to explore options for supporting human creativity and artistry. Across this, we will continue to seek input from voices across the economy, and engage with Parliament and technical experts to ensure any reform drives growth and supports adoption and diffusion of artificial intelligence.”

Other actions include:

• working with industry and other experts to develop best practice on input transparency to help right holders assert their rights and AI developers having to reveal what data they use for AI training.
• exploring whether a ‘personality right’ should be introduced to prevent an AI likeness of someone’s face or voice being created without permission.
• looking at introducing new standards to label content so it is clear whether it has been made using AI.

Reaction to government’s decision on copyright broad exemption:

Dan Conway, Publishers Association CEO, said:

 “As the Publishers Association has long maintained, the UK’s gold-standard copyright regime is the foundation upon which growth and our world-leading creative and knowledge industries are built. Copyright is an enabler and a driver of UK competitive advantage, not an inhibitor, and the government should resoundingly dismiss any further tinkering with copyright as an alternative to the original exception. Alternative exception models – including those for science and research – must be taken off the table from this point. These exceptions have the potential to be even more damaging than the copyright exception initially proposed and are unjustifiable in the context of an established, growing AI licensing market.

“The significant positives in today’s announcement, in addition to the abandonment of the preferred exception, include the focus on transparency – on which we will continue to advocate strongly for legislative action – and on labelling to achieve clarity for readers in an increasingly polluted online retail space.

“The Publishers Association has advocated for the books and journals industry on AI and copyright for years and it’s gratifying to see progress being made on this generationally important issue. This is a step in the right direction, undoubtedly, but not all potentially damaging avenues have been closed down. We will continue to support the government with this work and we thank all of our members for helping us to campaign on this important issue on behalf of the sector we all care so much about.”

Paul W Fleming, Equity general secretary, said:

“The government has taken a welcome and marked change of approach, which has included engaging with Equity at the highest level in detail, and in advance of this announcement.

“The pause announced today is recognition that selling out the UK’s creative industries to benefit US tech companies would’ve been an act of national self-sabotage. The UK should be the best place on the planet to create, supporting the government’s growth agenda through a strong copyright regime and respect for creative workers.

“We welcome the government’s intention to introduce measures on digital replicas and we look forward to working with them to develop new protections against unauthorised and unpaid use of a performer’s voice and likeness, the bedrock of our members’ careers.

“What creators need after this pause is a firm commitment to copyright and neighbouring rights and support for collective licensing for AI uses, including via existing trade union collective bargaining mechanisms. We look forward to working with the Labour government on how best to secure these reasonable aspirations.”

About Bristol Creative Industries

Bristol Creative Industries is the membership network that supports the region's creative sector to learn, grow and connect, driven by the common belief that we can achieve more collectively than alone.