Not a week goes by where Artificial Intelligence (AI) is not in the headlines, or so it seems. AI is a hot topic with huge potential to transform our lives and the speed at which it has developed over the last few years is astounding.

Like other jurisdictions, the UK government is interested in how best to harness its potential. However, the use of AI needs to be done responsibly. Examining the regulations that govern its development and use to ensure they are fit for purpose is critical to ensure (as far as possible) that there are no undesirable consequences as AI develops.

How AI interacts with Intellectual Property (IP) rights raises important questions of relevant intellectual property frameworks. The UK Intellectual Property Office (IPO) has run several consultations on AI and IP over the years, the last one being at the end of 2021.

What’s next for the UK?

The UK IPO continue to consult on AI and IP. The most recent consultation raises further important topics and questions, this time with a focus on copyright and other related matters. The topics and questions raised have proven hugely emotive as exemplified by artists in the music industry recently releasing a silent album in protest against the newly proposed text and data mining exception which may make it easier for AI developers to use their works without permission.

Balancing the competing interests of creators and AI developers to make the UK a good place to develop and use AI while ensuring that the UK’s copyright framework remains fit for purpose in the age of AI is a difficult task. Whilst the current consultation does indicate a preferred direction of travel on some of the topics, and a desire to align ourselves with the approaches taken by the EU, we are hopeful that no firm decisions have yet been made by the UK Government and that they will take time to review and consider carefully all of the responses submitted to this consultation.

Please note that the views set out in our response are intended to represent an overall consensus of the majority view of those who contributed to it, but it should be understood that such view is not agreed by every contributor – indeed several contributors hold opinions which significantly diverge from those represented.

We would like to thank each and every contributor for their time and effort in helping us put together this consolidated response to the UK IPO’s Consultation on Copyright an AI. Thank you all for your input which has been invaluable in this consultation.

Thank you for reading,

Cripps and EIP