When Sir Elton John accuses the government of “committing theft,” it’s not just a headline: it’s a warning. The copyright debate around artificial intelligence has hit a crescendo following the proposed protections in the Data (Use and Access) Bill. Creatives across the UK are calling for clarity on how their work is being used to train AI systems, including the Rocket Man himself, and ministers are locked in legislative “ping-pong”. The bill now returns to the House of Commons once more for consideration of outstanding issues on transparency in business data and copyrighted material.
The Culture, Media and Sport Committee has echoed industry concerns that failing to protect UK creatives could damage a sector worth £124 billion a year. For businesses in publishing, design, fashion, tech or media, the message is clear: AI is already reshaping the creative landscape and regulation is falling behind. Proactive action should be taken by creatives to understand how their creative output might be used to train AI and think about how they may be able to ringfence their interests.
What’s the status of the proposed reforms to the Data (Use and Access) Bill?
The government has backed away from its earlier proposal for a broad copyright exception for AI training – a move that had alarmed rights holders. Instead, it’s now leaning towards a voluntary code of practice to govern how AI developers use copyright-protected material in training datasets. But there’s a catch: a new ‘text and data mining’ exception could still allow AI developers to use copyright-protected content unless creators explicitly opt-out. The implication is that UK creatives creating website copies, product descriptions, branding elements or marketing materials could have their work swept up into the training of datasets unless they say “no”.
Why does this affect your business?
If you’re creating digital content, you’re already in the frame. AI tools learn from publicly available data and, without clear licensing frameworks or transparency obligations, there’s a risk your business materials could be used without your knowledge –or worse, replicated without your consent.
For smaller businesses, proposed opt-out mechanisms like metadata tags or ‘do-not-train’ lists may be difficult to implement and manage. In addition, if your business uses generative AI tools, there’s a growing risk of inadvertently publishing content that’s based on copyrighted materials. This raises the risk of legal action and reputational damage.
What can you do to address the risks?
In short, don’t assume silence equals safety – if you’re engaged with creating content you should review how you protect and label your work and stay alert to the proposed legislative framework.
If your business is using AI (even if it hasn’t been confirmed, your employees are probably using it!), your use may not be lawful and you may face legal action. This is relevant twofold:
- You could face legal action for the unauthorised use of copyright protected content; and
- You may be falling foul of data protection law if you are using it in relation to personal data. Before handling personal data you are legally required to let the individuals know how you are processing their data and the legal basis for that. You should also be considering sufficient security measures.
An AI policy and a careful review of your accompanying data protection policies will help you use AI safely and avoid the costs and stress of protracted litigation and/or a complaint to the Information Commissioner’s Office.
How can Tozers help you?
We can help you respond to the changing legal landscape and demystify your obligations. We assist a broad range of clients across various industries and have specialist lawyers assisting start ups, market leaders, charities and social enterprises, registered providers of social housing and holiday parks.
As a top firm for client satisfaction we have built a reputation as good listeners who can help break down complex legal jargon into words you can understand and are experts at advising on your individual business situation. We’re ranked by Review Solicitors within the top 10 firms out of 11,400 law firms across the UK.
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