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AI ingestion or indigestion?

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Copyright law will need a strong stomach to keep up with the web scrapers, writes Paul Schwartfeger
  • This article considers the law in relation to web scraping and the illegal appropriation of copyrighted works, with reference to precedents and the ongoing Getty case.
  • It explains that bridging the gap between law and technological practice will need targeted legal reform and clear regulatory guidance.

In December 2024, the UK government launched a consultation proposing reforms that would help it deliver a copyright framework that ‘rewards human creativity, incentivises innovation and provides the legal certainty required for long-term growth in both sectors’. Among other measures, it proposed allowing artificial intelligence (AI) companies to mine publicly available content for commercial training purposes, unless rights holders expressly opted out. While echoing abandoned 2022 proposals, the suggested reforms mark a substantial departure from the traditional framework of UK copyright law, which has long emphasised authorial control and consent.

The government’s suggestions, however, have drawn criticism from both the sectors it seeks

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NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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