AI and IP changes - what you need to know
Two new updates are set to shape the future of artificial intelligence and intellectual property in the UK and Europe.
And both will have a significant impact on how businesses and creators approach and adopt artificial intelligence.
First up is the UK Copyright Consultation, which the Government has launched to help clarify how copyright-protected works can be used to train artificial intelligence systems.
At the heart of the proposals is an exception to allow text and data mining for commercial purposes, which would give artificial intelligence developers greater certainty about what material they can lawfully use.
Creators, meanwhile, would retain the ability to opt out, ensuring they can protect and license their content on their own terms.
One of the most notable aspects of the proposals, however, is the emphasis on transparency.
Under the proposals, artificial intelligence developers may be required to inform right holders about what content is being used to train their models.
This should help address concerns that creators’ works are being taken without permission or payment.
Additionally, the Government is examining whether to revise or remove rules on the ownership of computer-generated works where there is no human author.
The overarching goal is to provide a balanced framework that fosters creative expression and tech innovation.
Secondly, we have an update to the EU AI Act, which came into force in August last year.
This is a legal framework with wide-ranging obligations on anyone developing, deploying or selling artificial intelligence systems within the EU.
The first set of requirements – covering certain prohibited artificial intelligence systems and new rules on artificial intelligence literacy – will start applying from February 2 this year.
And while more stringent penalties will only take effect six months later, it is nonetheless vital organisations begin preparing now.
Under these requirements, businesses deploying artificial intelligence systems in the EU will need to ensure staff have sufficient training and awareness.
This is intended to help employees recognise and mitigate risks posed by artificial intelligence tools, while also unlocking their full potential.
Taking proactive steps to comply – such as conducting internal training sessions and reviewing existing initiatives – will help avoid last-minute scrambles once enforcement ramps up in August 2025.
Rizwan Shahid is a tech and commercial solicitor in the commercial team at Square One Law, which has offices in Newcastle, Darlington and Leeds.
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