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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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MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
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