Government (potentially) rows back on proposed changes to UK copyright law

BRIFFA, along with numerous other stakeholders in the creative industries, has been actively lobbying the UK government regarding its recent proposals to reform copyright law in favour of AI development (you can read our original article here for further details).

We are pleased to report that the government appears to have taken onboard the feedback and promised to carry out an economic impact assessment before taking any further action. Whilst this development may ease some immediate concerns, many rightsholders will no doubt be left wondering whether this is a genuine concession or simply a delaying tactic.

What were the proposed changes?

The government wants to introduce an exception to UK copyright law: this would allow developers to use copyright works without permission, unless the rightsholder explicitly ‘opts out’.

This shift is being driven by concerns that our current framework may be too restrictive compared to other jurisdictions, potentially putting the UK at a disadvantage in the global “AI arms race.”

What are the potential impacts on the creative industries?

At present, copyright arises automatically in anything which qualifies as a literary, dramatic, musical or artistic work (including books, photographs, songs and films). As copyright is an automatic/free right (unlike trade marks or patents), many creators rely on it to protect their livelihoods.

Under the proposed opt-out regime, the burden would fall on creators to proactively safeguard their work. This has raised alarm across the creative sector, with many arguing that such a change could deprive creators from vital sources of income.

What happens next?

The government has pledged to create an economic impact assessment and to publish reports on key related issues such as transparency, licensing and access to data for AI developers before taking any further action. By doing so, it aims to strike a balance the interests of the creative industries with the rapid advancement of AI technologies, a complex challenge with no easy answers.

Briffa comment

For the time being, we welcome the government’s decision to pause and assess the broader implications of its proposals. We remain committed to engaging with policymakers and advocating for solutions that support both innovation and the rights of creators.

Over the past 30 years, BRIFFA has championed the rights of businesses across the creative sectors and played a pivotal role in some of the most significant cases in this field. If you would like to discuss any of these issues or would like tailored advice on how the changes to copyright law will affect you or your business, please get in touch with your usual contact or info@briffa.com.