AI copyright battle intensifies as bill ‘ping-pongs’ between UK Houses of Parliament

A fierce parliamentary standoff over AI and copyright has seen the Data (Use and Access) Bill caught in an unusual “ping-pong” battle between the UK’s House of Commons and the House of Lords.

The proposed legislation, which was expected to swiftly become law this week, is now facing staunch opposition from peers who argue it could severely undermine the livelihoods of British artists and content creators.

At the heart of the dispute is the government’s proposal to allow AI developers access to copyrighted material for training their systems, requiring individual owners to “opt out” if they wish to prevent their content from being used.

This approach has sparked a significant backlash from nearly 300 members of the House of Lords. They contend that AI firms should instead be mandated to disclose which copyrighted material they utilize, with a view to licensing it.

Baroness Beeban Kidron, a crossbench peer and former film director, has been a vocal opponent of the bill’s current form. She warns that ministers would be “knowingly throwing UK designers, artists, authors, musicians, media and nascent AI companies under the bus” if they do not move to protect creative output from what she describes as “state sanctioned theft.”

This “state-sanctioned theft” threatens a UK industry valued at £124 billion. Baroness Kidron is pushing for an amendment that would require Technology Secretary Peter Kyle to report on the law’s impact on creative industries three months after it comes into force, if it remains unchanged.

This deep division reflects a broader tension between the demands of the burgeoning tech sector and the established creative industries. While supporters like Sir Nick Clegg, former president of global affairs at Meta, argue that requiring permission from all copyright holders would “kill the AI industry in this country,” creatives, including household names like Sir Elton John and Sir Paul McCartney, maintain that using their work without consent or payment amounts to theft. Sir Elton John previously stated that the government was on course to “rob young people of their legacy and their income.”

The “ping-ponging” of the bill, described by one source in the peers’ camp as “uncharted territory,” carries the slim possibility of the entire bill being shelved. Such an outcome would also halt other unrelated but important elements within the bill, such as rules for bereaved parents accessing children’s data and changes for NHS trusts sharing patient data.

The Department for Science, Innovation and Technology states it is conducting a wider consultation and will only consider changes if completely satisfied they work for creators, highlighting the complex and sensitive nature of finding a compromise.