In a worrying move, this will allow for the free commercial use of content for the purposes of TDM, without an option for publishers to opt-out – as there is in the EU.
TDM means using computational techniques to analyse large amounts of information to identify patterns, trends and other useful information. TDM is used for training AI systems, amongst other uses. It also has uses in research, journalism, marketing, business analytics and by cultural heritage organisations.
PPA has argued that a greater promotion of existing licencing structures is the right course of action to encourage AI innovation. A full exception could encourage global companies to take advantage of the investments that UK publishers make in content at no cost, whilst reaping the commercial benefits. Further, no evidence was presented to Government consultation indicating that the licensing structures currently in place are acting as a barrier to innovation.
The Government states that publishers will be able to control and charge for access of their content, yet publishers will not be able to make additional charges for the ability to mine them. There is also a danger that organisations engaging in TDM will regard the exception as overriding the contextual protection normally required to access content.
PPA is working with allied organisations across the creative industries to make the case that existing licences provide fair and reasonable contractual protections for publishers. We will encourage the Government to work with rightsholders to promote the benefits and ease of application of the licensing structures, rather than making a change which could curtail investment in high quality content.