PLANS to shake-up AI copyright rules could be in breach of international law, a top barrister warned yesterday.
Nicholas Caddick KC said the Government could be taken to court over its proposal to let tech tycoons feed their algorithms for free using the works of British artists, filmmakers and writers.
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Under the plans put forward by ministers, in order to stop AI bosses fleecing creative works, owners would have to formally “opt-out”.
In a legal opinion for the Publishers Association, Mr Caddick said the move could be a breach of World Trade Organisation convention, which the UK is party to.
The KC’s opinion has been sent in a letter to Attorney General Lord Richard Hermer.
The top barrister said: “There are strong reasons for arguing that in creating such an exception the UK government would be acting in breach of an international treaty to which the UK is a party — namely the Berne copyright convention.”
He adds: “The imposition of the exception may well be challenged by way of judicial review.”
Stars including Elton John and Paul McCartney, and every major newspaper in the UK, have urged the government to stop its “existential” plan to change copyright rules.
They say the proposals would likely be a death knell for the UK’s £125bn creative industry.
Responding to the legal opinion, Catriona MacLeod Stevenson, general counsel and deputy chief executive of the Publishers Association, said: “We urge the government to consider extremely carefully the risk that a new copyright exception contravenes the UK’s obligations under the Berne Convention and other international treaties.
“There is an opportunity now that the consultation has closed to pause on the exception and opt-out conversation and focus instead primarily on bringing in the transparency regulations that will support a fair and growing market for AI licensing.”
A spokesman for the Department for Science, Innovation and Technology said: “Our consultation into AI and copyright closed this week and we will now consider the full range of thousands of responses we have received through.
“No decisions will be taken until we are absolutely confident we have a practical plan that gives certainty to British AI companies and protects the rights of our creatives.”
