Government's proposed copyright changes spark debate

The UK government’s new copyright proposals face backlash from designers concerned about AI use of their works

In a significant development, nearly three dozen prominent UK designers have written to technology secretary Peter Kyle, voicing their concerns over the government’s proposed changes to copyright law. These changes would allow artificial intelligence companies to utilise copyrighted works without seeking permission, raising alarms among creatives who fear for their livelihoods. Iona Silverman, an Intellectual Property & Media Partner at Freeths, stated that AI's content utilisation is "unprecedented" and different from traditional copying. She expressed that while it was permissible "to be inspired by" an existing work, AI’s ability to absorb and generate new content rapidly could flood the market, driving prices down for struggling creatives.

Silverman articulated that the government’s proposal would let AI "mine data for any purpose, including commercial purposes." This means that AI could potentially learn from any accessible creative works; however, the proposal stipulates that only works with lawful access could be used, leading to questions about whether basic rights reservations like robot.txt would effectively deter AI exploitation.

Iain Connor, a leading intellectual property lawyer at Michelmores LLP, stressed the urgency of addressing the issue by stating, "The issue for designers, musicians, writers, etc. is that unchecked, AI models learn from copyright protected works." He cautioned that AI could potentially produce an amalgamation of these works, competing against the original creators who did not grant permission for their material to be used.

The designers—some of whom include renowned figures like Sebastian Conran and Sir David Chipperfield—are deeply concerned that these changes could undermine a crucial sector of the economy. They expressed their alarm with the statement, "We are concerned that the DSIT secretary of state, Peter Kyle, is running roughshod over one of our most productive and precious sectors."

In response to the backlash, a government spokesperson defended the proposal by asserting that the current copyright status quo is limiting the creative industries. However, the designers are calling for a balance, emphasising the need for AI companies to respect established copyright laws to safeguard the future of their industry. With the proposed changes set to ignite various copyright cases in the future, the ongoing debate highlights the struggle between technological advancement and the protection of creative rights in an increasingly digital landscape.