
“These protections are not obstacles. They are necessary. Copyright underpins the value of the information that is being used to develop AI.”
The AI development process
The process undertaken to develop the AI model typically involves the ingestion of a large number of works. Let’s take the example of music, AI may enable the machine to learn which melodic patterns are most likely to lead to a popular composition. The holders of the rights in the musical works and sound recordings used and reproduced in this way should be remunerated, and have a right to know their works have been used in such a way.Legal licensing framework
The current legal framework is focused on a licensing regime. Licensing provides certainty for those investing in AI as it enables developers to control the risk of infringement by embedding the recognition of intellectual property rights within the AI code itself.“This would help to instil trust in AI systems.”
Should copyright exception be broadened for AI?
Some have argued that exceptions to copyright (i.e. instances where copyright works can be used without a license from the copyright owner) should be broadened for the purposes of AI development. Broadening exceptions for developing AI would prejudice rights holders. Significant changes in copyright exceptions to allow unfettered, free access to UK content for AI purposes could merely result in the transfer of value from the UK creative industries to predominantly large technology firms.“That is not to say there has to be trade-off between human-centred creativity and AI. Far from it. The creative industries are significant investors in – and users of – AI.”
Conclusion
Ultimately, copyright protects the intellectual output of human beings, anything AI-generated should not be protected through copyright. There are alternative related rights and intellectual property rights that should be explored. The works that are used to develop AI, or contribute to AI-generated works, already have copyright protection, therefore any ‘doubling-up’ of protection for the same underlying content does not make sense. That is not to say that investment in AI applications does not deserve to be protected and rewarded, but it should be distinct from copyright protections for original works. Whilst it is my intention that these views reflect the views of our members this should not be read as the official BCC position – this can be obtained in our response to the IPO’s call for views.Share this story