{"id":808186,"date":"2026-03-06T15:52:14","date_gmt":"2026-03-06T15:52:14","guid":{"rendered":"https:\/\/www.europesays.com\/uk\/808186\/"},"modified":"2026-03-06T15:52:14","modified_gmt":"2026-03-06T15:52:14","slug":"drop-plans-for-ai-related-copyright-exception-uk-ministers-urged","status":"publish","type":"post","link":"https:\/\/www.europesays.com\/uk\/808186\/","title":{"rendered":"Drop plans for AI-related copyright exception, UK ministers urged"},"content":{"rendered":"<p>&#13;<\/p>\n<p>According to the Communications and Digital Committee in the House of Lords, the government \u201cshould instead focus on strengthening licensing, transparency and enforcement within the existing framework\u201d.<\/p>\n<p>The call, made in <a rel=\"noopener noreferrer\" href=\"https:\/\/publications.parliament.uk\/pa\/ld5901\/ldselect\/ldcomm\/267\/26702.htm\" target=\"_blank\" style=\"font-size: 1.936rem; letter-spacing: 0px;\">a report published by the Committee on Friday<\/a>, comes just days before the government is due to publish its own eagerly awaited report on AI copyright reform.<\/p>\n<p>Read more on AI and copyright from Pinsent Masons<\/p>\n<p>The government has a statutory duty, under the UK\u2019s Data (Use and Access) Act, to prepare and publish both an economic impact assessment in respect of potential AI-related copyright reform and a report regarding the options for reform and its proposals on various AI and copyright issues \u2013 including matters such as measures for controlling AI developers\u2019 access to and use of copyrighted works, transparency regarding such use, licensing, and enforcement \u2013 by 18 March 2026. However, according to <a rel=\"noopener noreferrer\" href=\"https:\/\/www.ft.com\/content\/e759a712-eddf-4bdd-b4d9-03446f8c6545?accessToken=zwAGTFh3YJfgkdPnWacS7d9L3dO02QNEb4xlRQ.MEYCIQD28PocwheUUxqkLLT5g60CJIpFQ33uqNUqYLUVMgqsiQIhAJ-69t91K7R_mQBTUa_B-F_tdLgCz-GopPVYLDW680dj&amp;sharetype=gift&amp;token=539cc67d-0454-4f49-bf47-4fd223c66408\" target=\"_blank\">a report by the Financial Times, also published on Friday<\/a>, the government intends to push a decision on reforms into 2027. <\/p>\n<p>In a statement issued in response to a request from Out-Law to confirm the government\u2019s intentions, a government spokesperson did not directly address the Financial Times\u2019 reporting.<\/p>\n<p>\u201cThe government wants a copyright regime that values and protects human creativity, can be trusted, and unlocks innovation,\u201d the spokesperson said. \u201cWe welcome the Committee&#8217;s contributions, and we will continue to engage closely with Parliament going forwards.&#8221;<\/p>\n<p>Many content creators, such as publishers, authors and musicians, are concerned that AI developers are using their copyright works to train their AI models and inform the output those models produce. They want greater transparency over intended use of their content as well as more control over whether to enable it \u2013 and, if so, to be remunerated in return. They argue that existing copyright protections in UK law are being ignored by AI developers and want the government to intervene.<\/p>\n<p>AI developers, however, reject assertions that their activities are copyright infringing. They want the government to loosen, not tighten, restrictions on access to data and point to the potential of AI to deliver improved economic, social, health and environmental outcomes as the prize on offer for supporting AI development.<\/p>\n<p>The government opened a consultation on AI and copyright <a href=\"https:\/\/www.pinsentmasons.com\/out-law\/news\/ai-copyright-regime-steers-requiring-licences-all-cases\" target=\"_blank\" rel=\"noopener\">in December 2024<\/a> with a view to making a legislative intervention to balance the respective interests. However, its initial preference for reform, built around the idea of a rightsholder \u2018opt out\u2019, was favoured by just 3% of the more than 11,500 respondents to its consultation.<\/p>\n<p>Earlier this year, senior ministers acknowledged that expressing an initial preference was a \u201cmistake\u201d and said <a href=\"https:\/\/www.pinsentmasons.com\/out-law\/news\/workable-ai-copyright-solutions-uk-policy-reset\" target=\"_blank\" rel=\"noopener\">the government was \u201chaving a genuine reset moment\u201d<\/a>.<\/p>\n<p>Intellectual property law expert <a href=\"https:\/\/www.pinsentmasons.com\/people\/gill-dennis\" target=\"_blank\" rel=\"noopener\">Gill Dennis<\/a> of Pinsent Masons said: \u201cThe balance has now clearly shifted in favour of the creative industries. If the government accepts the Committee\u2019s recommendation to issue a public statement that licensing is the default position, then both the tech and creative sectors will get the clarity they urgently need, perhaps sooner than anticipated.\u201d<\/p>\n<p>Under the \u2018opt out\u2019 model that was proposed, the existing TDM exception in UK copyright law would be extended to enable the mining of content for AI training purposes. This would be coupled with mechanisms to enable rightsholders to opt their content out from being used in that way. Underpinning it all would be measures requiring AI developers to be transparent about the works they train their models on, so rightsholders \u2013 either individually or collectively \u2013 could \u201ceasily reserve their rights\u201d.<\/p>\n<p>In its report, however, the Communications and Digital Committee said that support for a broad commercial TDM exception should be viewed as an attempt by AI developers to reduce the risks of being pursued for copyright infringement.<\/p>\n<p>The Committee said: \u201cThe consistent call from technology sector stakeholders for a new, broad commercial text and data mining (TDM) exception \u2026 suggests that they do not regard large-scale commercial training on copyright-protected works as clearly covered by the existing exceptions. If they did, a commercial TDM exception would be unnecessary.\u201d<\/p>\n<p>\u201cOn this basis, the main uncertainty for large AI developers appears to lie in the question of whether their current and proposed training practices would withstand legal challenge if tested in court. Support for a broad commercial TDM exception should therefore be understood as an attempt to lower that litigation risk by weakening the current level of copyright protection, rather than as a neutral exercise in clarifying the law. We are also not persuaded that expanding the existing non-commercial research exception to cover all \u2018pre-market\u2019 research and development is either necessary or desirable,\u201d it added.<\/p>\n<p>Under UK copyright law, claims of primary copyright infringement can only succeed if rightsholders can evidence that infringing acts took place in the UK. In a landmark litigation on AI and copyright, Getty Images last year dropped its claims of primary copyright infringement against Stability AI citing evidential challenges, and instead pursued secondary infringement claims against the AI developer instead.<\/p>\n<p>In November, the High Court in England and Wales ruled on those claims. <a href=\"https:\/\/www.pinsentmasons.com\/out-law\/news\/gettys-copyright-case-against-stability-ai-fails\" target=\"_blank\" rel=\"noopener\">The High Court held<\/a> that content creators and publishers can only succeed with claims of secondary copyright infringement against AI developers in the UK if AI systems trained using their content store or reproduce their works.<\/p>\n<p>In its report, the Communications and Digital Committee gave its own interpretation of UK copyright law in the context of AI development.<\/p>\n<p>The Committee said: \u201cUnder existing law, copyright is engaged whenever the whole or a substantial part of a protected work is copied, including by storing it in digital form, subject only to specific statutory exceptions. We believe that the large-scale making and processing of digital copies of protected works for model training may therefore be characterised as reproduction, regardless of whether trained models retain human-readable copies or are capable of generating novel outputs. In our view, the lawfulness of using copyrighted content for AI training must be assessed under ordinary copyright principles and clearly defined exceptions. We do not accept the view that the copying and processing of protected works during training should be characterised as \u2018learning\u2019.\u201d<\/p>\n<p>\u201cWe therefore consider that the government should rule out any reform of the Copyright, Designs and Patents Act that would remove the incentive to license copyrighted works for AI training, and should instead focus on strengthening licensing, transparency and enforcement within the existing framework,\u201d it said.<\/p>\n<p>The Committee added the government could consider giving individual rightsholders, like musicians and authors, \u201can unwaivable right to equitable remuneration for AI uses of their works and performances as training inputs and, where appropriate, as outputs\u201d, as part of an approach focused on licensing.<\/p>\n","protected":false},"excerpt":{"rendered":"&#13; According to the Communications and Digital Committee in the House of Lords, the government \u201cshould instead focus&hellip;\n","protected":false},"author":2,"featured_media":808187,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[5018,3,4],"tags":[748,393,4884,1144,712,16,15,1764],"class_list":{"0":"post-808186","1":"post","2":"type-post","3":"status-publish","4":"format-standard","5":"has-post-thumbnail","7":"category-britain","8":"category-uk","9":"category-united-kingdom","10":"tag-britain","11":"tag-england","12":"tag-great-britain","13":"tag-northern-ireland","14":"tag-scotland","15":"tag-uk","16":"tag-united-kingdom","17":"tag-wales"},"share_on_mastodon":{"url":"https:\/\/pubeurope.com\/@uk\/116183036574009967","error":""},"_links":{"self":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/808186","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/comments?post=808186"}],"version-history":[{"count":0,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/posts\/808186\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media\/808187"}],"wp:attachment":[{"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/media?parent=808186"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/categories?post=808186"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.europesays.com\/uk\/wp-json\/wp\/v2\/tags?post=808186"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}