Government Consultation on Copyright and AI raises numerous issues, says IPA

While grateful for the opportunity to respond to the Consultation, the professional body for UK advertising agencies has highlighted to Government that it raises many issues, demonstrating the complexities of the law of copyright and its application to the use of generative AI.

In its response to the specifics of the Consultation, the IPA has outlined that:

• It is not convinced by the proposal to expand the text and data mining (TDM) exception for any purpose. The IPA believes this would shift the onus of copyright protection on to rights holders, giving a clear advantage to AI developers. Instead, the IPA questions whether technology could be harnessed to enable rights holders to more easily protect their works,
• If Government does proceed with its text and data mining proposal, it is crucial that the “robust measures” it claims will be put in place are properly implemented and capable of being independently audited to ensure they are adhered to.
• Whichever proposal Government adopts, the IPA states that transparency by AI developers in respect of the works they have used is fundamental.
• The position on copyright in computer generated works needs clarifying, The IPA agrees that the current position presents a contradiction and states that advertising agencies must have certainty that content they create using AI tools is protected by copyright. Further, it states that it cannot be the case that AI developers own copyright in outputs created by others using their AI tools.
• The IPA does not believe that labelling of all AI content is necessary or useful. Labelling of some sort may be beneficial in some circumstances, but a general labelling requirement is too simplistic.
• On the use of AI to replicate people, it states that digital likenesses should not be used without the knowledge or consent of the relevant individual, or otherwise, in a misleading or harmful manner.

Says Richard Lindsay, Director of Legal & Public Affairs, IPA:

"Generally, some of the proposals set out in this consultation seem simplistic and, while we appreciate that the purpose of the consultation is to invite responses that will help to inform Government’s next steps, we would urge Government to avoid introducing new measures that could have inadvertent consequences. Striking the right balance to ensure that both the AI and Creative Industries are supported will, undoubtedly, be extremely difficult.

"Government clearly recognises the importance of the Creative Industries – including advertising – to the UK. Advertising agencies must be able to use generative AI tools to enhance creativity, not replace it, and to know that the work they create using those tools will be protected. We urge Government to ensure that AI becomes a strategic growth-driver for the Creative Industries rather than the cause of their demise."