BECS welcomes the Government’s formal acknowledgement that introducing a broad copyright exception which would have allowed AI developers to train models on copyrighted works without permission or payment, unless rightsholders opted out, is no longer its preferred approach. This would have been extremely damaging to creators, with opt-outs being unworkable in practice.
We also welcome the Government’s agreement that AI created, non-consensual, digital replicas or deepfakes create new risks for artists and the wider public. We are encouraged that the Government has committed to finding solutions, including exploring a potential new digital replica or personality right. This is an issue that is of crucial importance to the actors and other audiovisual performers BECS represents and we will continue to push for strong and enforceable protections.
The Report states that “Any reform must ensure that right holders can be fairly rewarded for the economic value their work creates, and that they are protected against unlawful and unfair use of their work” and that the Government intends “to take steps to help right holders control and license their work, including through encouraging greater transparency.”
However, the decision to adopt a “wait and see” approach – monitoring market developments, litigation outcomes and legislation in other countries, as well as conducting further consultations, raises concerns. While we recognise the need for considered policymaking, delaying action risks harming creators’ livelihoods. Definitive action in support of creators’ rights, which compels AI companies to come to the negotiating table and ensures creators are fairly compensated for past unlawful training and any licensed use going forward, is needed.
As the AI licensing market develops, Government intervention may be required to ensure that individual creators benefit. Audiovisual performers, who typically do not control the exploitation of the films and TV shows in which they appear, must be able to decide whether or not their work is used for AI training and outputs and must be fairly paid when it is. The power and benefits must not accrue exclusively to major industry players.
BECS urges the Government to consider the recommendations in the House of Lords Communications and Digital Committee’s Report, published on 6 March. AI, copyright and the creative industries
In the coming months, BECS will continue to work with organisations across the creative sector to:
- resist any weakening of copyright law,
- campaign for mandatory, detailed transparency obligations that enable creators to license and enforce their rights,
- push for a fair licensing market which benefits audiovisual performers and requires their consent, and
- support legislation which gives audiovisual performers control over digital replicas.
The creative industries are vital to the UK’s culture, economy and global reputation and we are at a pivotal moment in securing their future.