AI - Threat or Opportunity for the Creative Industries
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| Author US Government Licence Public domain Source Wikimedia Commons |
Since I discussed the Intellectual Property Office's consultation on Copyright and Artificial Intelligence in UK Government Launches Consultation on AI and Copyright on 16 Dec 2024, HM Government has published its AI Opportunities Action Plan, the Tony Blair Institute for Global Change its Rebooting Copyright: How the UK Can Be a Global Leader in the Arts and AI white paper and the World Artificial Intelligence Film Festival is about to open in Nice.
Until recently, attention has focused on the negatives of AI. The late Stephen Hawking warned that it could end human existence (see Rory Cellan-Jones, Stephen Hawking warns artificial intelligence could end mankind 2 Dec 2014). Others worried that it could reinforce inequalities between sections of society or bolster repression.
In his foreword to the Tony Blair Institute white paper, Professor Fernando Garibay wrote:
"Another revolution in media and communication is underway. After the printing press, gramophone and camera, AI is set to disrupt how textual, visual and auditive content is created, distributed and experienced. AI will usher in a new era of interactive and bespoke works, as well as a counter-revolution that celebrates everything that AI can never be. Far from heralding the end of human creativity, AI presents new ways of being original.
The same AI revolution disrupting the creative industries is impacting all areas of society. Scientists use AI to discover in a matter of hours what once took years, health-care providers use it to analyse X-ray images and emergency services use it to find houses damaged by earthquakes. And this is only the beginning."
There are several legal obstacles to the development and deployment of AT systems as I mentioned in UK Government Launches Consultation on AI and Copyright. HMG has proposed a text and data mining exception to be inserted into the Copyrights, Designs and Patents Act 1988, with the possibility for copyright holders to opt out, which is broadly supported by the Tony Blair Institute. Such an opt-out could be difficult to administer, and there would be every incentive for photo libraries and other resources to exercise that right. Wholesale amendment oi the 1988 Act would require an international consensus as that statute implements the Berne and Universal Copyright Conventions to which HM is party.
"Another revolution in media and communication is underway. After the printing press, gramophone and camera, AI is set to disrupt how textual, visual and auditive content is created, distributed and experienced. AI will usher in a new era of interactive and bespoke works, as well as a counter-revolution that celebrates everything that AI can never be. Far from heralding the end of human creativity, AI presents new ways of being original.
The same AI revolution disrupting the creative industries is impacting all areas of society. Scientists use AI to discover in a matter of hours what once took years, health-care providers use it to analyse X-ray images and emergency services use it to find houses damaged by earthquakes. And this is only the beginning."
There are several legal obstacles to the development and deployment of AT systems as I mentioned in UK Government Launches Consultation on AI and Copyright. HMG has proposed a text and data mining exception to be inserted into the Copyrights, Designs and Patents Act 1988, with the possibility for copyright holders to opt out, which is broadly supported by the Tony Blair Institute. Such an opt-out could be difficult to administer, and there would be every incentive for photo libraries and other resources to exercise that right. Wholesale amendment oi the 1988 Act would require an international consensus as that statute implements the Berne and Universal Copyright Conventions to which HM is party.
Unless and until the Act can be amended, developers will have to negotiate contractual licensing to train their AI systems. Parties to such negotiations will need specialist legal advice. Anyone wishing to discuss this topic is welcome to call me at +44 (0)20 7404 5252 during UK office hours or message me through my contact form at any time.
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