AI and copyright - moving closer to a solution?

Last year (2023), there was talk of an AI code of practice that would include rules relating to the use of materials covered by copyright for training AI systems. This was a UK initiative intended to stimulate industry-led efforts to use AI fairly. The idea was to give rights holders a chance to establish a voluntary framework and avoid the need for the UK Government to take a more paternalistic approach and dictate the situation.

Unfortunately, the code idea was scrapped. The UK Government confirmed this news in its response to the pro innovation white paper and left rights holders, AI developers and providers with a promise of "further proposals on the way forward".

We have not seen any further proposals yet, but the UK Government also hinted that it would focus on "close engagement with international counterparts who are also working to address these issues". Looking to the EU, which has taken a different approach to AI (in particular, by making detailed legislation), there is the prospect of an equivalent code (see the Commission's update). Maybe our friends in Europe will have more luck. Trust and transparency will be necessary on both sides; something that the UK Government recognised following the UK code discussions. Like the EU AI Act in general, the outcome of the code discussions will be important on the international stage.  

The indication in the EU AI Act is that the EU code is a step on the way towards a harmonised EU standard.

Article 53 of the EU AI Act, which is due to apply from 2 August 2025, will require providers of general purpose AI models to:

• Put in place a policy to comply with Union law on copyright and related rights
• Publish a detailed summary about the content used for training the model

With these requirements in mind, providers will be preparing for a situation in which rights holders will know about the use of their material and will be emboldened by the expectation that copyright is respected.

So, there is progress - but the position remains uncertain for rights holders and developers and providers of AI models, and the next 12 months will be pivotal.

We will be discussing a range of legal issues arising from the use of AI, including potential regulatory approaches, and strategies to address these in an upcoming training series. If you are interested in attending these sessions, please fill out the form below and we will be in touch.

If you would like to discuss this article or would like to discuss how we might be able to assist you, please contact Harry Jennings in our Pharmaceuticals and Life Sciences team on 07789 533 122, or complete the form below.