This week the government released its report on Copyright and Artificial Intelligence.
The report showed signs of listening to creators by dropping its preference for an “opt out” model for the use of copyrighted materials. Read the full report and statement here.
An opt-out model is something we urged the government to avoid in our response to their consultation, and this outcome is a welcome step forward. Introducing such a broad copyright exception would be detrimental to the creative sector and we’re pleased that the government has acknowledged this and recognises the importance for creators to have control over the use of their work, and to be fairly compensated for it. Their report reiterates that: “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”.
There’s still much more that needs to be done to ensure that creators are compensated when their work is used to train AI. Transparency from AI companies is key to this, and the government’s report stated its intention to “develop best practice on input transparency, to help right holders assert their rights”. It has committed to further work focusing on four key areas: digital replicas; labelling AI-generated content; creator control and transparency; and independent creatives.
In our response to the consultations on copyright and AI, we’ve also highlighted the need for a remuneration right to ensure that individual creators - like directors - who are original rightsholders, aren’t overlooked and are also fairly paid for the use of their work. This is something that the House of Lords Communications Committee picked up on in its report on AI, copyright and the creative industries, published last week. Citing evidence from Directors UK, the committee’s recommendations included our proposal that “the Government must ensure that there are appropriate mechanisms in place to enable value to reach individual creators and rightsholders. This could include exploring the introduction of an unwaivable right to equitable remuneration for AI uses of their works”. Read the full report.
As the landscape develops, we’ll continue to engage with the Government to ensure that directors’ rights are being represented and supported.