The UK Government Signals The "Status Quo" Cannot Continue For AI And Copyright

"This status quo cannot continue." With these words, the UK government has made it clear that changes to the AI regulatory regime are on the horizon. The recently published consultation on AI and copyright underscores how current uncertainties in the law "risk[] limiting investment, innovation, and growth." The government aims to encourage AI development on UK soil by tackling these hurdles. Although no final decisions have been made, the strength of the language in the consultation indicates a firm resolve to clarify the training of AI systems in a way that encourages "world-leading AI models" to be built in the UK.

Part of this consultation is a proposal that would establish a text and data mining (TDM) exception while allowing right holders to opt out if they "reserve their rights." This "Option 3" seeks to accommodate "wide and lawful access to high-quality data" so that developers can build and refine their AI models with minimal friction. At the same time,