The Government has rightly identified both artificial intelligence and the creative industries as key growth sectors. They are also both increasingly interlinked. AI is already being used across the creative industries, including in music and film production, publishing, architecture and design. As of September 2024, more than 38 per cent of creative industries businesses said they have used AI technologies.
While AI has the potential to transform the creative sector, many artists, writers, and designers have sincere fears that AI could detrimentally affect their earnings and, ultimately, their way-of-life. Current laws make it difficult for creators to control or seek payment for the use of their work. It is also true that present ambiguities in the law create legal risks for AI firms, and could deter developers from investing and developing their products in the UK.
Therefore, the Opposition welcomes that the Government has launched a consultation into the legal relationship between the creative industries and AI developers. The Government is seeking to simultaneously ensure protection and payment for rights holders and support AI developers to innovate responsibly. Key areas of the consultation include boosting trust and transparency between the sectors, so right holders have a better understanding of how AI developers are using their material and how it has been obtained. The consultation will run until the 25 February 2025.
The consultation also explores how creators can license and be remunerated for the use of their material. The Government proposes allowing rights holders to reserve their rights, so they can control the use of their content, while also introducing an exception to copyright law for AI training for commercial purposes. This is an effective opt-out which means that creators would have to reaffirm their desire to protect their work. Worryingly, this position appears to place the major technology companies at a considerable advantage, and my colleague Dame Caroline Dinenage MP has raised this directly with the Prime Minister in Parliament.