Who Really Owns The Future
Some experts suggest a future where creators are paid via licensing or revenue-sharing models. Others worry that, unless legislation keeps pace, AI firms will always move faster than regulators. In this post I dive deeper into the issues surrounding copyright from a UK perspective and in particular how it is affecting the creative industries in the UK already. I have also added a list of my sources (extensive for this post) as well as some links for further reading. I hope you find it helpful.
Why Copyright Matters More Than Ever
In the growing conversation about AI safety, we often focus on the big questions: control, risk, responsibility. But one issue keeps bubbling to the surface—copyright. It’s not just a legal technicality. It’s a frontline question of ownership, fairness, and the future of creative work in an AI-powered world.
This third post in the AI Safety series looks at copyright from a UK perspective. It’s an area where public policy is evolving fast, often amid heated debates. But behind the headlines lies a more balanced story—one where creators, developers, and policymakers are trying to reshape the rules for a new era.
Copyright Basics: What It Is, and Why It Still Matters
Copyright gives creators legal protection over their original work—music, books, designs, and increasingly, digital content. In the UK, it’s governed by the Copyright, Designs and Patents Act 1988, and updated guidelines now consider how AI fits into this legal structure.
But here’s the rub: copyright was written for a human-centred world. And AI doesn’t easily fit into it.
Your Rights as a Creator
Under current UK law, authors and artists have automatic rights to their work—there’s no need to register. But when AI is trained on that work without permission, it raises serious questions.
A recent House of Lords Library briefing outlines how this could impact the UK’s creative sector, especially if creators are excluded from decisions about how their content is used by AI models. The debate is not just technical—it’s ethical.
The AI Revolution: New Challenges and Opportunities
Generative AI brings new possibilities, from speeding up design workflows to creating realistic video and audio in seconds. But it also introduces tensions:
- AI systems often need large datasets, much of it scraped from the open internet.
- These datasets may include copyrighted material, sometimes used without consent.
- Developers argue it’s “fair use.” Creators argue it’s theft.
The UK government has consulted widely on this. Legal firms like Lewis Silkin and policy reviews from It’s Art Law and CMS show just how divided expert opinion is on whether AI training can ever be copyright-compliant.
Fair Use and Permissions: Walking the Tightrope
Unlike the US, the UK uses the principle of fair dealing, which is narrower. For example, Text and Data Mining (TDM) is currently only permitted for non-commercial research unless permission is granted.
New proposals suggest keeping the opt-out system—creators can reserve their rights, but developers will need to tread carefully. Alternatives like Creative Commons licensing might offer more flexible paths, but only if used properly.
Digital Age Pitfalls
The digital world offers enormous opportunities—but also enormous risks. AI models can generate misinformation, misleading images, or even deepfakes. The Ofcom strategic plan for AI notes that we’re entering uncharted territory where regulation must evolve rapidly.
Crucially, Ofcom emphasises the need for transparency, accountability, and human oversight. These aren’t just buzzwords—they’re core principles if we want to keep AI from running wild across media, news, and entertainment.
Enforcement and Protection: What Can Creators Do?
If you’re a creator, what options do you have when your work is used without permission?
- Report unauthorised use using notice-and-takedown systems (e.g. on platforms like YouTube).
- Follow guidance from the UK government’s IP enforcement strategy.
- Consider watermarking or other tech-based solutions to track misuse.
It’s not foolproof—but awareness is the first step to action.
Looking Ahead: Emerging Issues
In Part 4 of this series, I will look at what happens when AI systems cause harm—whether through misinformation, deepfakes, or breaches of creative rights. How are these issues investigated, who is accountable, and what can be done to prevent abuse?
The debate over AI and copyright is still evolving. UK policy may shift again depending on the outcome of its recent consultations, ongoing court cases (like Getty vs Stability AI), and pressure from both industry groups and public campaigns.
Some experts suggest a future where creators are paid via licensing or revenue-sharing models. Others worry that, unless legislation keeps pace, AI firms will always move faster than regulators.
Practical Takeaways
- Copyright law in the UK wasn’t built for AI—but it’s being reshaped to deal with it.
- Creators have rights—but must act to defend them, especially with regard to training data.
- Transparency and fair use rules are key battlegrounds—watch how the opt-out debate evolves.
- Enforcement is patchy, but new tools and government support are growing.
- AI developers and creators both want clarity—finding balance is the real challenge.
Glossary
Click here for clarification on any technical terms which may have confused you in this article and others
Coming Next in this AI Safety Series
What Happens When the Rules Are Broken? Stay tuned!
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Sources & Further Reading
- AI Frontiers: Can copyright survive AI?
- UK Government Consultation: Copyright and Artificial Intelligence (consultation paper)
- UK News Release: Clarity over copyright laws for creative industries and AI developers
- UK Copyright Law: Copyright, Designs and Patents Act 1988
- House of Lords Library: Impact on Creative Industries
- It’s Art Law: Remodelling the UK’s Gold-Plated Copyright Regime
- CMS Law Now: Striking a balance between creative industries and AI
- Reed Smith: UK consultation on copyright and AI
- UK Exceptions Guidance: Exceptions to copyright
- Creative Commons UK: Creative Commons licences
- UNCTAD Report: Creative Economy Outlook 2024
- Ofcom: Ofcom’s Strategic Approach to AI
- UK Enforcement Strategy: IP crime and enforcement for businesses
- Notice and Takedown: Wikipedia overview
- OpenAI response to NYT lawsuit: OpenAI: Response to NYT Data Demands
- Lewis Silkin: AI and the Creative Industries — Key Takeaways
📘 More in the AI Safety Series
- Part 1: Are We Losing Control of AI?
- Part 2: How to Stay in Control of AI
- Part 3: Copyright and AI
- Part 4: Copyright Ruling on AI Training
Follow the series to explore how AI is reshaping law, creativity, and responsibility — one post at a time.
DeeBee
It is natural for all creators to fear the rise in the use of AI, as it could easily deprive people of their livelihoods. Computer programmers are particlarly at risk, despite being thought of less as ‘creatives’.
The music industry is also feeling the heat, particularly songwriters and music producers. The standard and speed with which AI can write and produce mudic to a very high quality is already astonishing.
Because of the vast amount and complexity of music that is available online, AI could learn from your work and you would never even know.
Also websites that offer the servicers of musicians, particularly vocalists, are becoming an area for fraud. I personally have experienced two occassions now where I believed that I was buying the services of a vocalist, only to find that my music had been turned over to AI software and had been fraudulently changed and reproduced.
I believe musicians must embrace this technology to help in the creative process, but there must be honesty and transparency and not fraudulent misuse like I have experienced.
Thank you for your thoughtful and very relevant comment Ken. You’ve highlighted some of the most pressing concerns facing creators today — particularly musicians and programmers — as AI tools continue to evolve at speed.
Your personal experience with fraudulent use of AI in music services is especially troubling and underlines the need for stronger transparency and ethical safeguards. As you say, the technology itself isn’t the enemy — it can be a powerful creative partner — but only if used honestly and with respect for the rights and efforts of human artists.
I completely agree that embracing the benefits of AI must go hand-in-hand with protecting creators from exploitation. Thank you again for sharing your experience. DeeBee.