Significantly, the Government has stepped back from a text and data mining (TDM) exemption, with an “opt-out” mechanism for AI training on copyrighted works no longer the preferred option, reflecting strong opposition from the creative industries.

The Government’s next phase of work will focus on four key areas:

• Creator control and transparency
  A review of mechanisms to help creators control their work online, including technical standards and best practice on transparency.
  
  
• Independent creatives
  A new working group to explore how smaller organisations can better license their content.
  
  
• Labelling AI-generated content
  A taskforce to develop best practice, with an interim report expected in the autumn.
  
  
• Digital replicas
  A consultation on protections against the unauthorised use of an individual’s likeness.
  
  

The Government has also committed to considering the findings of the House of Lords inquiry, which recently urged ministers to rule out an opt-out model, warning of the risks to the UK’s creative sector.

While the shift away from an opt-out regime will be welcomed by many in the creative industries, the Government has not ruled out future TDM exceptions, including for commercial or research purposes. This means the debate is far from settled.

The PPA will continue to engage closely with the Government and parliamentarians as this work develops, and with coalition partners to call for the delivery of effective transparency provisions.

Sajeeda Merali, CEO, PPA said:

“The Government’s latest update on AI and copyright is a positive indication that it is listening to the consistent feedback from across the sector, including the PPA and our members, and recognising the need to take a more balanced and considered approach to this issue. In particular, acknowledging that the consultation’s preferred option of an opt-out mechanism for text and data mining by LLMs was flawed, and taking that option off the table, would represent important progress for publishers and the trusted editorial brands our members represent.

Whilst we would like clearer direction in the near term on what will replace the original proposal, we welcome the Government taking the time to ensure it properly considers the needs of publishers, particularly around transparency requirements. The PPA looks forward to continuing to work constructively with Government and regulators, representing our members as we help shape a framework that supports both innovation and the UK’s world-leading publishing and creative industries”.

You can read Liz Kendall’s statement here.

If you have any questions, please contact Eilidh Wilson, Head of Policy and Public Affairs: eilidh.wilson@ppa.co.uk