UK Music chief executive Tom Kiehl has welcomed the government’s announcement that it has ditched plans to allow AI firms to use copyrighted works without permission.
The climbdown marks a major victory for UK Music and the thousands of campaigners from across the sector who opposed the change.
The government had put forward plans for a text and data mining (TDM) exception to change copyright rules to let AI firms use copyrighted works without paying or seeking permission from music creators, writers and artists.
Technology Secretary Liz Kendall (pictured) has now confirmed that the plan is no longer the government’s preferred option. It follows an industry campaign, backed by stars including Sir Paul McCartney, Dua Lipa, Sir Elton John and many others.
“At the end of 2024, the government published a consultation on copyright and AI,” said Kendall’s statement. “At that stage, the government’s preferred way forward was to enable AI developers to train on copyright works, but to give rights-holders the ability to opt-out of this regime. This was overwhelmingly rejected by the vast majority of the creative industries.
“We have listened. We have engaged extensively with creatives, AI firms, industry bodies, unions, academics and AI adopters, and that engagement has shaped our approach. This is why we can confirm today that the government no longer has a preferred option.”
Welcoming the government confirmation that it has dropped the proposed text and data mining exception as its preferred approach, UK Music CEO Tom Kiehl said: “We’re delighted the government has scrapped what would have been a deeply damaging change to the use of copyrighted works. We urge them to go further and rule out resurrecting this plan throughout their period in office.
“It remains vitally important that the government does not now consider any kind of alternative copyright exception that would negatively impact creators and rightsholders in the music industry.
We’re delighted the government has scrapped what would have been a deeply damaging change to the use of copyrighted works
Tom Kiehl
He added: “The 220,000 people in our sector which generates £8 billion for the UK economy should be entitled to work and earn a living without the constant fear that the fruits of their labour could effectively be taken by AI firms without payment or permission.
“We support the government’s decision to push the reset button on the debate on AI and copyright. This now gives us the opportunity to engage in a more detailed discussion with the government about key issues such as digital replicas, transparency, labelling and independent creatives.
“We will be working with the government and our UK Music members to set a concrete timeline for government action on this reset and what it means for the developing AI market. Our key priority remains championing the UK music industry and helping it continue to grow and coexist with AI firms in a fair marketplace."
Roberto Neri, CEO of The Ivors Academy, said: “We welcome the UK government’s decision to not move forwards with a new text and data mining exception and listen to the 88% of the respondents to its consultation who called for stronger copyright and licensing.
“Avoiding the worst outcome is the first step. The government’s renewed focus on creator control and transparency, digital replicas, and the labelling of AI-generated content puts songwriters and composers where they should be – at the heart of this debate. We’re committed to working with the government to ensure that AI companies license music, pay creators fairly with the authorisation and transparency they are due, and introduce new personality rights to protect songwriters and composers from deepfakes and digital replicas.”
Any new exceptions to copyright for AI training would be deeply damaging to the music industry and wider creative economy
Sophie Jones
Sophie Jones, BPI CSO, said: “We welcome the government taking its previously preferred option of a TDM with opt-out off the table. Any new exceptions to copyright for AI training would be deeply damaging to the music industry and wider creative economy.
“Our focus remains on ensuring that policy in respect of AI and creativity enables the nascent licensing market to scale at pace and facilitates widespread adoption of responsible AI across the industry. We look forward to engaging with the ongoing strands of work to ensure British music can continue as a vital and growing cultural and economic success.”
Gregor Pryor, managing partner EME at Reed Smith, said: “Although the UK government does not go so far as recommending wholesale changes to the law in favour of creators, there is much for the creative industries to celebrate. First, the government has abandoned the broad exception for text and data mining coupled with a rights-holder opt-out mechanism. The steady opposition campaign and heavy PR concentration seems to have had the desired effect. Second, there is enthusiasm for greater transparency, with a proposal to work with the AI industry to develop best practices. Although this does not go so far as committing to legislation, combined with rowing back from a broader TDM it signals a more rights-holder friendly approach.
“The report recognises that the market for legitimate licensing for AI training data is developing and the government doesn’t seem inclined to intervene, which could be a welcome development for both the creative industries and the technology companies that are developing large language models. A healthy and agile licensing climate can benefit all sides."
He added: “An interesting and highly significant recommendation is the proposed removal of the provisions in UK copyright law which afford copyright protection to computer-generated works. In many respects, the UK has been something of an outlier in affording (albeit limited) copyright protection to works generated by computers. This may give rise to the type of questions that are prevalent in the US concerning the extent to which human intervention or efforts are critical when considering whether a work is protected. From a legal perspective, the other major point is the government’s recognition that digital replicas and deepfakes can be highly problematic. It proposes a range of options, including (somewhat radically, for UK law at least) a new personality right.
“Finally, the report overall represents more of a free market approach than perhaps expected, where the UK will be inclined to try and let the market develop its own standards, with less intervention and perhaps some time to wait and see how law, regulation and practice develop in other countries.”
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