Photo Credit: Designecologist
The UK is debating a ‘commercial research exception’ for copyright law that would allow AI companies to train their models on protected creative works without first needing to seek permission. Many artists and creators see this as a loophole that hands Big Tech a win at their expense.
Right now, UK copyright strictly limits copying works like music, books, and art without consent. There’s already a narrow exception for text and data mining, but only for non-commercial research—which wouldn’t apply to most AI companies. Now a proposed commercial research exception would take this loophole further.
It would allow AI firms to use any lawfully accessed material for training, as long as rights holders actively opt out. Tech giants like Google, Meta, and Microsoft are pushing for this exception, arguing that allowing it would boost the innovation of their products. This exception is one of several options being drawn up by the UK government, which is to tell Parliament on March 18 about its plans to reform copyright in the age of AI.
The original plan preferred by the government would allow AI companies to take copyrighted works for training unless the owner opts out. But a creative campaign led by Sir Elton John, Kate Bush, and Sir Paul McCartney among others put a damper on those plans. Now Lisa Nandy, the Culture Secretary, says that plan is no longer the preferred option. Speaking to peers in January, Nandy said, “at the moment we do not have a workable opt-out proposal on the table.”
The Lords Communications and Digital Committee has called for the exception to be ruled out. In a report published last Friday, the committee says creative industries “face a clear and present danger form generative AI” and note that the exception as written would weaken copyright protection and concluded it was neither necessary or desirable.
“Watering down the protections in our existing copyright regime to lure the biggest US tech companies is a race to the bottom that does not serve UK interests,” says Baroness Keely, the Committee Chair. “We should not sacrifice our creative industries for AI jam tomorrow The government should now make clear it will not pursue a new text and data mining exception with an opt-out mechanism for training commercial AI models.”
“A commercial research exception would force creatives to license their work to AI companies who are out to replace them,” adds Ed Newton-Rex, a campaigner for creative industries in the UK. “As such, it is a total non-starter, and would be even less popular than the government’s previous proposal, which just 3% of the public supported.”
Now around 10,000 authors have published a mostly empty book titled ‘Don’t Steal This Book’ in a protest against these generative AI companies. The book contains no narrative text and is mostly a list of names of the thousands of authors participating. The book is intended to serve as a visual representation of what the literary world might look like if AI continues to use copyrighted works without permission or compensation.
“The UK government must not legalize book theft to benefit AI companies,” reads the back cover of the book. It is being distributed to attendees at this year’s London Book Fair, which takes place March 10 – 12.
