The UK government is consulting on an opt-out copyright regime for AI training. The system requires rights holders to take proactive steps if they do not want their intellectual property to become material for free AI training.
The rise of generative AI models trained on vast amounts of data has brought intellectual property concerns to the forefront, with many creators training AI technology that could potentially mass-produce competitors. in order to be armed with the knowledge that their work is being processed without permission (or compensation). Output — text, visual, audio, or a combination of all three.
Visual arts, music, filmmaking, and video games all appear to be viable targets for GenAI. GenAI replaces traditional (skilled human) production processes with highly scalable AI tools that rely on systems that trigger models to generate output instantly. It is based on statistical analysis of information patterns within the training data.
Large-scale language models (LLMs) such as OpenAI's GPT, which power the popular ChatGPT chatbot, are gaining global attention, allowing AI startups to quietly and privately use free software for model development. Gone are the days of silently scraping the web for training data.
AI companies have agreements to license certain types of content for use in training data. At the same time, lawsuits challenging unauthorized use of intellectual property for AI training are increasing.
The situation calls for at least some legal clarity, and the UK Government will rely on this consultation as MPs consider how to shape policy in this (troublesome) area. He said he hopes it will help make this a reality. Future UK policy decisions could include legislation to “provide legal certainty”, but the government says it has not yet decided on this.
For now, ministers are trying to walk a line between the government's claims that it wants to support Britain's creative sector and its stated desire to boost investment and uptake in AI. However, this framework appears to be an attempt to disguise the position in favor of the AI industry.
“Our creative industries and AI sectors are both strengths of the UK. They are essential to our national mission to grow our economy. “This set out a plan to deliver a copyright and AI framework that provides the legal certainty needed for sustainable growth,” the government said in its ministerial foreword to the consultation.
There is no doubt that an opt-out regime for the use of IP for AI training will place the burden on creators to act to protect their work. This situation can place small creatives at a disproportionate disadvantage compared to large rights holders. Therefore, this approach is unlikely to be universally or broadly popular in the creative sector.
Meanwhile, AI companies are actively lobbying for such an opt-out system.
“This proposal includes a mechanism by which rights holders can reserve their rights, authorize the use of their work in AI training, and receive compensation. “We are proposing an exception to support large-scale use of a wide range of materials by AI developers,” the government continued. “This approach balances the ability of rights holders to seek remuneration, while respecting their rights and providing a clear legal basis for AI training using copyrighted material. will be able to train leading models in the UK.”
The government goes on to say that “key objectives” for both the creative and AI industries include “promoting greater trust and transparency between sectors”.
The company's stated aim is to help rights holders manage their content and earn rewards for its use, and the company's “world-leading AI model in the UK by ensuring broad and legal access to high-quality data.” Clearly, some kind of response will be needed to develop this. Some fancy footwork is needed if the end result is not to favor the interests of one sector over the other.
As things stand, the AI industry appears to have gotten favorable terms from the Labor government so far.
That said, ministers have stressed that whatever “intervention package” the government ultimately offers must address the lack of transparency in the AI industry. Therefore, while it frames the proposed opt-out regime as “balanced,” it also makes clear that “increased transparency from AI developers is a prerequisite” for this approach to work. states.
Specifically, the government said this means “transparency about the materials used to train models, how they are obtained and the content produced by the models”, adding: It's best to deliver it. ”
Another element the company emphasizes as necessary for an opt-out system to work is the development of “simple technological means for creators to exercise their rights, individually or collectively.”
“This will require both AI companies and the creative industries to work together to build new technology systems that have the desired outcome of strengthening the management and licensing of intellectual property,” he suggested.
“This approach aims to protect the interests of the creative industries and the AI sector. But making it successful will not be easy. It will require not only good policy but also practical and technical Solutions are also needed. We are open-minded on this matter, but we are optimistic that we can succeed by working together across sectors and sectors,” the government added.
The consultation period is 10 weeks and ends on 25 February 2025. Web submissions can be made through an online survey.
The government also wrote that “as AI evolves rapidly, the UK's response will need to adapt as well”, and that the consultation was aimed at “encouraging everyone with an interest in these issues to share their views and develop these proposals.” “This is an opportunity to provide evidence on the economic impact of It commits to carrying out a program of “wider engagement activities” during the consultation period to “ensure that all voices are heard”.
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