UK authorities places brakes on opt-out copyright exemption for AI

The UK authorities has stated it is not going to implement its plan to permit synthetic intelligence (AI) corporations to make use of copyrighted materials with out specific permission for now, however has not dominated out some type of copyright exemption down the road.

In late 2024, the federal government proposed permitting AI firms to coach their fashions on copyrighted works until rights holders explicitly opted out, which means that fairly than requiring AI firms to hunt permission from rights holders for the usage of their work, the burden can be positioned on the creators themselves to actively object.

The opt-out proposal – which the federal government stated was its most well-liked possibility on the time – provoked vital backlash from creatives, who seen it as too conciliatory to the slim pursuits of tech firms.

Of the greater than 10,000 individuals who responded to the federal government’s earlier session on how AI is affecting copyright, simply 3% backed its opt-out proposal.

Following the closure of that session in February 2025, the federal government has now printed a progress report and affect evaluation, which outlines its present considering on the 4 choices proposed.

Whereas know-how secretary Liz Kendall stated on 18 March 2026 that the federal government “not has a most well-liked possibility” on copyright reform after the session backlash in opposition to the opt-out proposal, this was already confirmed as early as Might 2025 by sources near then know-how secretary Peter Kyle, who made clear the proposal was one in every of a number of now being thought of.

The 4 choices being thought of embrace preserving copyright and associated legal guidelines as they’re; strengthening copyright to require licences in all circumstances; implementing a broad information mining exemption for AI firms; or making a extra restricted information mining exemption that enables copyright holders to decide out, underpinned by measures to advertise and help larger transparency from builders.

Whereas the federal government has now formally dominated out a broad copyright exception with no opt-out for creatives, it makes clear that some type of copyright exemption remains to be on the desk, and has solely dropped the opt-out proposal as its “most well-liked” possibility.

“We stated we might not take ahead this method until we will be assured that it’ll meet our aims,” it stated. “However there are nonetheless vital gaps within the proof base – together with by way of how copyright impacts the broader growth and deployment of AI – and uncertainty concerning the affect of reform.

“In view of the considerations raised by stakeholders, and the continued uncertainty concerning the possible results of an exception with opt-out, a broad copyright exception with opt-out is not the federal government’s most well-liked method ahead.”

Elsewhere, it added that whereas persevering with to construct up the proof base, the federal government will proceed to observe the broader market and worldwide regulatory developments on this space, whereas additionally contemplating various choices.

The federal government stated that whereas this can embrace contemplating “targeted” copyright regulation exemptions on, for instance, analysis and public curiosity makes use of, these approaches want “additional consideration”.

Though the federal government has made no agency conclusion on what’s going to occur subsequent, it stated it will not reform copyright legal guidelines “till we’re assured that they are going to meet our aims for the economic system and UK residents”.

Commenting on the event, Ed Newton-Rex, a distinguished commentator on AI and mental property, stated that essentially, it represents nothing greater than a delay: “The federal government is just declining to decide on AI and copyright but, when one is sorely wanted. Each day that this delay continues is one other day that the UK is about again.

“Solely when the federal government commits to standing by present copyright regulation will the marketplace for licensing coaching information to AI builders have the ability to attain its full potential – and solely then can the UK get on with the vital work of constructing a accountable AI ecosystem primarily based on respect and equity fairly than on exploitation.”

Mandy Hill, managing director of Cambridge College Press and the president of the Publishers Affiliation, stated whereas the federal government’s backtrack was a victory “over the self-interest of a handful of enormous firms”, it has not totally dominated out permitting AI builders to make use of copyrighted materials to coach their fashions and not using a licence.

“The prevailing regulation is obvious,” she stated. “Copyright materials can’t be used for AI growth and coaching with out permission.”

Jo Twist, chief government of commerce physique for the UK music trade, the BPI, added that whereas she was “happy” the federal government has formally modified its place, “we don’t wish to see any type of textual content and information mining exception being launched additional down the road”.

Antony Walker, deputy chief government at commerce affiliation TechUK, stated the announcement should be used as a possibility to “reset and discover a method ahead” on copyright.

“The UK has set its sights on main the G7 in AI adoption, however that requires a transparent and enabling framework for AI innovation,” he stated. “With worldwide opponents transferring forward, the UK can’t afford for this to stay unresolved.”

UK Music boss Tom Kiehl stated the tons of of hundreds of individuals within the trade ought to have the ability to work “with out the fixed concern that the fruits of their labour may successfully be taken by AI corporations with out cost or permission”.

The Musicians’ Union, in the meantime, has known as for collective licensing schemes to guard particular person artists, “not simply main rights holders”.