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The UK government has abandoned its preference for a broad copyright exception with an opt-out for AI training, signalling a move towards stronger protections for creators through licensing and legal safeguards, with industry and union groups urging decisive action.<\/p>\n<\/div>\n
The UK government has abandoned its previous preference for a broad copyright exception with an opt-out for AI training, saying concerns raised during consultation and uncertainty about the effects of such an exception mean it is no longer the preferred route. According to the government consultation and reporting at the time, ministers are now signalling a shift towards other approaches that aim to balance innovation with stronger safeguards for creators.<\/p>\n
Equity, the union representing performers, welcomed the change and said ministers had engaged with the organisation at senior levels ahead of the announcement. Equity\u2019s General Secretary, Paul W Fleming, said: “The government has taken a welcome and marked change of approach, which has included engaging with Equity at the highest level in detail, and in advance of this announcement. The pause announced today is recognition that selling out the UK\u2019s creative industries to benefit US tech companies would\u2019ve been an act of national self-sabotage. The UK should be the best place on the planet to create, supporting the government\u2019s growth agenda through a strong copyright regime and respect for creative workers.” Equity has repeatedly criticised the opt-out idea as effectively legitimising the unauthorised use of creators\u2019 work.<\/p>\n
The government paper also flagged personality rights as an area for exploration, recognising performers\u2019 concerns about unauthorised digital replicas. Equity has been pressing for new protections for performers’ voices and likenesses, warning that existing laws do not adequately prevent their data being used to create synthetic performances without consent or payment. Industry reporting and the consultation material note ministers will consider whether a distinct personality right is needed alongside other measures to address these risks.<\/p>\n
Equity said it welcomed the government’s intention to introduce measures on digital replicas and pledged to work on proposals that would protect performers from unauthorised or unpaid uses of their voice and image. “We welcome the government\u2019s intention to introduce measures on digital replicas and we look forward to working with them to develop new protections against unauthorised and unpaid use of a performer\u2019s voice and likeness, the bedrock of our members\u2019 careers,” Paul W Fleming said. The union is pushing for legal and contractual safeguards that would prevent large technology firms from exploiting creative labour without remuneration.<\/p>\n
Rather than rely on an opt-out exception, Equity and many respondents to the consultation argue that licensing regimes can enable fair, paid use of creative works for AI development. The union notes collective bargaining frameworks already in place cover the vast majority of UK film and television production and could be expanded to govern AI uses, allowing creators to negotiate remuneration and conditions through established industry mechanisms. Government consultation documents and union statements both point to collective licensing as a practicable alternative.<\/p>\n
Equity also cited analysis questioning the economic case for an opt-out exception. Recent reviews of industry-commissioned studies, the union says, show none demonstrate a clear net benefit to the UK economy and several understate impacts on creative sectors. That analysis reinforced calls from MPs and performers\u2019 groups who urged ministers to heed the weight of opposition to an opt-out model during 2025 consultations and parliamentary debate.<\/p>\n
Meanwhile, Equity is continuing negotiations with television and film producers to secure contractual minimums protecting performers from unauthorised use of their performances in AI training and for digital replica creation. The union has warned it will use legal means if necessary to defend members\u2019 existing rights and hopes the government\u2019s revised approach will be matched by concrete legal and industry measures to ensure creators are paid when their work is reused by AI developers.<\/p>\n
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