24th January 2025
The intersection of artificial intelligence (AI) and copyright law is one of the most pressing topics facing the creative industries today. In a landmark meeting at Westminster, UK Music CEO Tom Kiehl led the charge in raising concerns over the Government’s proposed “opt-out” mechanism for text and data mining. This proposal has sparked significant debate among industry leaders, MPs, and peers, with six All-Party Parliamentary Groups (APPGs) convening to discuss its potential impact on creators and rights holders.
In a meeting that underscored the importance of protecting creators in the evolving digital landscape, Kiehl highlighted several key challenges and flaws in the proposed AI framework, warning of significant risks to the music industry and its £7.6 billion contribution to the UK economy.
Key Takeaways from Tom Kiehl's Address:
🚨 Practical Challenges: Unreasonable Burden for Creators
The proposed opt-out mechanism would require creators and rights holders to notify multiple AI platforms individually, creating a significant administrative burden. This level of engagement is simply not practical for many smaller creators, who may lack the resources to navigate the complexities of these platforms. The sheer scale of this challenge would make it difficult for creators to effectively protect their work in a rapidly evolving technological landscape.
🚨 Lack of Transparency: How Can Creators Ensure Their Rights Are Respected?
One of the most concerning aspects of the proposal is the lack of transparency surrounding the opt-out process. Without a clear and reliable way to ensure that opt-out requests are honoured, creators and rights holders are left in a vulnerable position, uncertain whether their intellectual property is being used in line with their wishes. In an age where trust and transparency are paramount, this is a significant gap in the proposed legislation.
🚨 Technological Limitations: AI Can't Selectively Remove Data
Kiehl’s address also underscored a critical technical issue: AI models cannot selectively remove individual pieces of data once they have been included in the training process. This means that even if a creator opts out, there is no clear way to erase their data from models already trained, leaving their rights at risk. The challenge is not just one of policy; it is a technological limitation that renders the current approach practically unworkable.
🚨 Lessons from the EU: Uncertainty and Low Uptake
Looking across the Channel to the EU’s opt-out mechanism, Kiehl pointed to the legal uncertainty and low uptake among rights holders. The lessons from Europe are clear: opt-out mechanisms can lead to confusion and create a barrier for creators who may not fully understand their rights, or who are unable to navigate the complex legal landscape. The UK must avoid replicating these issues if it is to protect the interests of its creative industries.
🚨 Impact on the Music Sector: Risks to the UK’s Cultural Economy
The music industry is a cornerstone of the UK’s economy and cultural identity, contributing a staggering £7.6 billion annually. The opt-out proposal, without proper safeguards, could damage the livelihoods of creators, from songwriters to performers, and undermine the sector's ongoing growth. The Government must ensure that any AI-related legislation considers the unique challenges faced by the music industry, ensuring that creators' rights are not sacrificed in the name of technological innovation.
🚨 Need for Centralisation: A Unified Approach
Currently, there is no centralised repository for opt-out requests, a key flaw in the proposal. Without a unified system, creators and rights holders are left to navigate a fragmented landscape, making it difficult to effectively protect their work. Kiehl stressed the need for a centralised mechanism that could streamline the process and ensure that creators have the tools they need to safeguard their intellectual property.
The Call for Stronger Protections: A Critical Moment for UK Music
Given the vital role that music plays in the UK’s economy and culture, Kiehl urged Parliamentarians to ensure that the consultation process delivers robust protections for creators. As AI continues to reshape industries across the globe, it is essential that the creative sector is not left behind. The Government must take heed of the concerns raised today and work towards a solution that balances the opportunities AI offers with the protection of intellectual property rights for creators.
The conversation around AI and copyright in the music industry is far from over, but today’s meeting at Westminster has set the stage for a deeper, more nuanced debate. With so much at stake for the UK’s creative economy, now is the time for meaningful action.