Artificial intelligence developers have been exploiting audiovisual performers’ work without consent or payment to train AI models and generate new content. 

In the UK, this practice infringes performers’ exclusive rights under the Copyright, Designs and Patents Act 1988. 

In the EU, it similarly breaches performers’ exclusive rights. However, some AI developers have attempted to rely on the text and data mining exception in Article 4 of Directive (EU) 2019/790 (and its national implementations) to avoid seeking permission. 

At BECS’ recent AGM, members voted overwhelmingly to give BECS a mandate to protect their rights in relation to AI training by opting out of the Article 4 exception. 

BECS’ rights reservation on behalf of its members can be found below. 

This optout makes clear that audiovisual performers reserve the right to control the reproduction of their works for text and data mining. 

AI developers may not use BECS members’ performances for training purposes or in outputs without explicit permission. 

This is an important and necessary step. However, urgent political action is still required to ensure a fair balance between the rights of human creators and performers, and the interests of the technology companies using their work to train models that may ultimately compete with them.  

Protecting the livelihoods of those who entertain us and contribute so much to our culture is essential to ensure they can continue to do so. 

Contact: cs@becs.org.uk  

The members of the British Equity Collecting Society (BECS) are performers in audiovisual recordings and their heirs. Pursuant to the mandate granted to BECS by its members, BECS hereby reserves the rights of use of its members’ audiovisual performances for text and data mining (TDM), including in the context of training artificial intelligence systems, pursuant to Article 4 of Directive (EU) 2019/790 and implementation thereof or rights of a similar nature in national legal systems.   

The use of BECS members’ audiovisual performances for text and data mining is only permitted with express prior authorisation.