Elton John recently had some sharp words to say about the UK government’s plans to exempt AI technology firms from copyright laws. Apparently, there’s currently a game of ping-pong underway between the House of Commons and the House of Lords regarding this plan. Many writers, musicians, and artists are furious about the plan, and Elton’s comments caused the Badger to scratch his head and ponder. Why? Because, like many individuals and bloggers, his website’s content could be plundered by AI without his knowledge or permission regardless of the copyright statement on its home page. With AI models and tools increasingly mainstream, Elton’s words made the Badger realise that he, and probably many others around the globe, should have copyright more prominent in our thoughts.
Copyright law is complex and, as far as the Badger understands, ‘fair dealing’ or ‘fair use’ allows limited use of copyright material without permission from the copyright owner under specific circumstances. Fair dealing/use is not a blanket permission, and what constitutes this depends on factors such as how much of the material is used, whether its use is justified, and whether it affects the copyright owner’s income. The Badger’s not a lawyer, but he senses that AI and copyright is a legal minefield that will keep experts with digital and legal qualifications in lucrative work for years to come.
As the Badger pondered, he scratched his head again and then asked Copilot if AI used material held on copyrighted websites. The short response was that it (and other AI) follows strict copyright guidelines and only generates brief summaries of copyrighted material respecting fair use principles and with pointers to official sources. To test the efficacy of the answer, the Badger asked Copilot for the lyrics of Elton John’s song ‘Candle in the wind’. Copilot responded with ‘Can’t do that due to copyright’. Typing the same request, however, into the Badger’s browser readily produced the lyrics. Make of that what you will, but it does make you wonder why you would need to use AI like Copilot for this kind of interaction.
At the heart of Elton John’s point is the long-established principle that if someone or an enterprise wants to use copyrighted material in something that produces a commercial gain for themselves, then the copyright owner should give prior permission and be paid. AI is a disruptive technology, much of it controlled by the same giant US corporations that already dominate the tech world. AI cannot be ignored, but exempting tech firms from copyright law seems wrong on many different levels. The Badger’s concluded that he should improve his understanding of copyright law, and that AI tech firms must not be exempt from such laws. After all, if you were to take a leaf out of President Trump’s playbook then if you want something, you need permission AND you must pay.
The Information Badger 