A significant development in the UK's approach to copyright law has raised concerns within the British music industry, following the government's recent consultation regarding the implications of artificial intelligence (AI) on intellectual property. The British Phonographic Industry (BPI), which represents the interests of major record labels and artists, has issued a stark warning that proposed changes could jeopardise the livelihood of creators and undermine the UK's thriving music sector.

In its statement, the BPI expressed apprehension that the government's initiative may inadvertently "take away value" from British artists and the rights holders who support them. Jo Twist, chief executive of the BPI, articulated these concerns, stating, “The UK’s creative output and human creativity is being placed at risk by proposed changes to British copyright law, which would allow international tech giants to train AI models on artists’ work without payment or permission, and would be the wrong way to realise the exciting potential of AI.”

This consultation was initiated earlier in the month, as the government seeks to clarify how copyright material can be utilised by AI developers. It aims to strike a balance that enhances creators’ control over their work while ensuring they are compensated for its use. However, critics highlight that one of the proposals, which includes an exception to copyright law for training AI for commercial purposes, could potentially exacerbate the concerns raised by the BPI.

Of particular note is the proposed introduction of an "opt-out" mechanism for text and data mining copyright exceptions. This would permit the use of content for training AI systems unless intellectual property holders have explicitly reserved their rights. Prime Minister Rishi Sunak noted in a recent session with the Liaison Committee that he believes the opt-out is “the right proposal” for creators in the context of their works being used without consent.

The measures are part of a broader discussion within parliament, with Caroline Dinenage MP, chair of the culture, media and sport Select Committee, critiquing the ongoing shifts in policy as akin to “the hokey cokey of policy making.” In supporting the BPI, Dinenage highlighted the importance of copyright, stating that “Copyright is critical to British music’s global success; international tech giants can’t be allowed to take it for granted.”

Collaborative efforts among the Creative Rights in AI Coalition, which comprises the BPI, the Independent Society of Musicians, the Motion Picture Association, the Society of Authors, and Getty Images, underscore a collective stance: existing copyright laws need to be respected and enforced rather than compromised.

The consultation period is set to conclude on 25 February 2025. As debates continue, stakeholders across the music industry remain vigilant about the potential impacts of AI automation and its relation to copyright, aware of the ongoing evolution of creative rights in an increasingly digital landscape.

Source: Noah Wire Services