Submission to the UK Copyright and AI Consultation

Abstract

This submission by Professors Kimberlee Weatherall and Terry Flew of the Centre for AI, Trust and Governance at the University of Sydney responds to the UK Copyright and AI Consultation, highlighting key challenges and opportunities in balancing copyright law and AI innovation. The authors commend the Consultation Paper’s recognition of complex conundrums, including the global nature of AI training and the tension between creators’ rights and technological advancement.

The submission identifies three main areas of concern: 1. Protection of Individual Creators: The authors emphasize that creators’ interests are often distinct from those of rights holders, advocating for measures such as rights retention for academic authors and inclusion of creator representatives in licensing negotiations. 2. Practical Challenges of Rights Reservation: The authors highlight complexities in the proposed rights reservation mechanism, noting issues arising from multiple ownership structures and the role of online intermediaries. They call for consideration of collective licensing models to streamline negotiations. 3. Transparency Requirements: While supporting transparency obligations for AI developers, the authors stress the importance of reciprocal transparency from rights holders. They also caution against potential legal risks, including exposure to international copyright lawsuits.

The submission urges the UK government to adopt a balanced, globally informed approach to copyright and AI regulation, ensuring both the protection of creative industries and the promotion of innovation.