‘Opt-out’ AI rights would let tech companies ‘shirk responsibilities’ on copyright

The rise of generative AI presents both opportunities and significant challenges for the media landscape, particularly for news publishers and all creative businesses. The race for market share and dominance in the generative AI sector poses a grave threat to our intellectual property rights and the ability to sustainably invest in the creation of original content.

Independent journalism serves as a cornerstone of democracy, providing accurate information, scrutinising those in power, and engaging the public in vigorous debate. However, this invaluable work is jeopardised by generative AI’s capacity to extract, manipulate, and disseminate our journalism without proper licensing, reward or consent.

When generative AI firms utilise our content without permission or remuneration, it cannot be justified by claims of ‘innovation’; it is a form of theft and an affront to fundamental property rights. In no other industry would a manufacturer create a product yet refuse to pay suppliers for the components used.

The Government is right to strive to accelerate growth in both the creative and AI sectors, but its consultation, and favoured policy approach on AI and copyright, overlooks the real challenge. The UK’s existing copyright framework is already robust and clear; what we must do is properly enforce our copyright frameworks in a way that empowers creative businesses and ensures their rights are safeguarded.

A regime centred on ‘reservation rights’ (or ‘opt-out’) will sow confusion and enable generative AI companies to shirk their responsibilities, as we have seen under EU law where this approach has been taken. This proposal would not only undermine accountability but also put innovation at risk by reducing the supply of high-quality, human authored content that is the essential fuel for generative AI.

When a few major tech platforms profit at the expense of trusted content creators, it leads to a race to the bottom, degrading the quality of AI input data and ultimately harming end users while those platforms chase the next trend. We must demand a framework that ensures transparency and responsibility in the use of AI technology, holding companies to a higher standard rather than changing the law to accommodate their hitherto illicit behaviour.

Instead, the current intellectual property regime must be reinforced to account for the realities of generative AI. Rightsholders must have clear control over their content and receive fair compensation when their work is used.

Transparency is also key. Users should be informed that AI-generated outputs are often derived from crawled data and lack the editorial oversight provided by professional journalists. Allowing any exceptions to diminish the rights of news publishers would irreparably harm the industry and undermine the sustainability of journalism.

Generative AI can be a tool for innovation, drive productivity and enhance our lives, but it should not come at the expense of the creators whose work it appropriates. As we navigate this complex landscape, let us champion a future where the rights of creators are respected, and where the wealth of human creativity can thrive alongside technological advancement.

The path forward requires collaboration between news publishers, policymakers, and AI developers to ensure our intellectual property laws are not only upheld but strengthened. The stakes are high, and we must act decisively to protect our industry and the integrity of UK journalism.

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​ News Media Association boss says Government’s proposed approach “overlooks the real challenge”.
The post ‘Opt-out’ AI rights would let tech companies ‘shirk responsibilities’ on copyright appeared first on Press Gazette.