UK Government faces backlash over AI copyright issues

The UK Government is facing intense criticism over its approach to copyright concerning AI training, with prominent figures like Sir Elton John branding their stance as enabling "theft" of creative works. Legal experts, such as Dr. Beatriz San Martin from Arnold & Porter, have weighed in on the matter, stating that "data scraping in the UK for the purposes of training an AI model is likely to constitute copyright infringement if a copyright work is included in the data scraped without the consent of or licence from the copyright owner." She further elaborated that copyright is fundamentally a property right, noting its tradable nature akin to tangible property.

This relationship between creators and their works is significant, as San Martin explains that like "a homeowner can rent out their property, and Sir Elton John can licence another musician to use the lyrics of one of his songs." The crux of copyright infringement lies in the copying of original works, like song lyrics, which still exist in their original form. Therefore, she argues that there is no "appropriation" of property as required by the Theft Act 1968 and directly, no actual "theft" involved.

Despite the legal definitions, the impact on artists and their livelihoods is a pressing concern, especially with considerations for relaxing UK copyright laws currently under debate in Parliament. While Sir Elton John’s depiction of unauthorised copying as "theft" may not align with legal technicalities, it underscores the urgency felt by creatives. The uncertainty around whether the subsequent training of an AI model or the generation of its outputs could also constitute copyright infringement remains contentious. This determination hinges on various factors, including the nature of the AI model and the methods employed for generating its outputs, leaving many in the creative industry apprehensive about the implications of these legal nuances.