AI regulation in UK may give artists new ‘personality rights’

The United Kingdom is preparing significant regulatory changes to protect artists’ intellectual property rights in response to the growing use of their work in AI training datasets, marking a potential shift in how creative content is governed in the AI era.

Current developments: The UK government is launching a consultation on updating copyright rules for AI training content, coinciding with OpenAI’s release of its Sora text-to-video generation tool.

• Ministers will begin discussions on Tuesday to evaluate new copyright protections for artists
• The proposed regulations are expected to be implemented within two years
• OpenAI’s Sora, released December 16, can generate 20-second videos from text prompts

Artist concerns and resistance: Recent events have highlighted growing tensions between creators and AI companies over the use of copyrighted material.

• A group of artists with early access to Sora leaked its code and published an open letter criticizing OpenAI’s approach
• Artists accused OpenAI of “art washing” by presenting their tools as beneficial to creators rather than exploitative
• Creative professionals worldwide have pursued legal action and other measures to protect their intellectual property

Proposed protections: The UK government is considering implementing a “rights reservation” mechanism as part of its new regulatory framework.

• Artists would have the option to license their work to AI developers for compensation
• Creators could choose to completely exempt their material from AI training datasets
• Ministers aim to ensure artists who decline to license their work won’t face disadvantages in online visibility

Political context: The regulatory approach reflects a significant shift in UK government policy following recent political changes.

• The new Labour government’s proposals represent a departure from the previous Conservative administration’s more AI-friendly stance
• Earlier plans for an “opt-out” model faced strong opposition from creative industry leaders
• Google has lobbied for more permissive data mining regulations to maintain UK competitiveness in AI development

Global implications: The UK’s proposed “right to personality” could influence how other countries approach AI regulation and creative rights.

• The creative sector, valued at £125 billion ($158 billion) in the UK, has significant economic influence
• Current copyright legislation worldwide is generally outdated for addressing AI-related challenges
• The regulatory uncertainty affects both AI developers and artists across different jurisdictions

Future considerations: The success of these proposed regulations will largely depend on their practical implementation and the ability to balance innovation with creative rights protection, while potentially serving as a model for other countries grappling with similar challenges in the AI era.