By Sophie Freeman
The UK is facing a major copyright dispute as the government pushes forward with proposed changes that would allow artificial intelligence (AI) developers to use copyright-protected material for AI training purposes. These proposals have sparked outrage across the creative industries, with musicians, writers, designers, actors, and media organisations mounting significant opposition.
The Government’s Proposal: AI-Friendly Copyright Exemption
At the heart of the controversy is a proposed text and data mining (TDM) exception, which would grant AI developers the ability to use copyrighted material, provided they have “lawful” access. To address concerns from creators, the government has proposed an opt-out system, requiring copyright holders to pro-actively reserve their rights if they wish to prevent their content from being used by and for AI. The government argues that these changes will provide clarity and legal certainty, fostering AI innovation while giving creators the ability to control their work. It has also introduced transparency requirements, requiring AI developers to disclose the sources of their training data.
The proposed exemption would mark a significant shift in UK copyright law by modifying the current framework under the Copyright, Designs and Patents Act 1988 (CDPA). At present, copyright holders have exclusive rights to control how their works are copied and used, subject to limited statutory exceptions, such as fair dealing for research or private study.
Creators’ Concerns: Why the Opt-Out System is Problematic
Despite the government’s assurances, creatives argue that the opt-out mechanism is deeply flawed and places an unfair burden on rights holders. Key concerns include:
- Administrative Burden: Creators must actively register their opt-outs and monitor their content across numerous platforms. While large companies may have the resources for this, individual artists and small businesses are at a disadvantage.
- Distributed Content is Hard to Track: Once a work is shared or reposted, it can be nearly impossible to enforce an opt-out. Creators may not have control over every copy of their work, especially when it is used by third parties.
- Metadata Removal Issues: Even if artists embed opt-out metadata in their files, this information can be stripped away when content is uploaded or reformatted, making enforcement ineffective.
- No Protection for Existing Works: Many copyrighted materials have already been widely distributed online. If AI companies have already trained on these works, the opt-out system offers no remedy for past usage.
Due to these limitations, many in the creative sector argue that an opt-in system (similar to the current legal position)—where AI developers must obtain explicit permission before using copyrighted content—would be a fairer approach.
Industry Backlash: Protests and Campaigns
The backlash against the government’s proposals has been swift and widespread. Over 1,000 musicians released a silent protest album titled “Is This What We Want?”, highlighting their opposition. Meanwhile, major UK newspapers have united under the “Make It Fair” campaign, coordinating their front pages to warn against AI’s potential exploitation of creative content.
High-profile figures such as Paul McCartney and Elton John have also spoken out, emphasising the risk to the UK’s £120 billion creative sector. They argue that the proposed exemption threatens artists’ control over their work and could undermine the financial viability of creative professions.
Additionally, the Anti Copying in Design (ACID) organisation has expressed significant concerns. ACID emphasises that while copyright law has adapted to technological advancements in the past, the current AI challenge requires extreme care to ensure creators are safeguarded.
Equity, the UK’s actors’ union, has also voiced strong objections. In an open letter, Equity highlighted concerns about the unauthorised use of performers’ data for AI training and the creation of digital replicas without consent. The union emphasised existing performers’ rights under intellectual property law and data protection regulations, vowing to defend its members vigorously, including through legal action if necessary.
What’s Next? Government Under Pressure
In December 2024 the government launched a consultation process to gather feedback from stakeholders, which closed on February 25, 2025. Ministers have hinted at potential revisions to the policy, but it remains unclear whether they will adopt an opt-in model or make significant changes to the proposed exemption system. What is certain is that, as AI continues to evolve, copyright law will need to adapt to meet the challenge across all affected industries, whether by legislative change, voluntary industry codes or from litigation and court decisions. Watch this space!
