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24 March 2026
Issue: 8155 / Categories: Legal News , Copyright , Technology , Artificial intelligence
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Data mining reprieve

Ministers have paused controversial proposals to allow free access to copyrighted works for the purpose of training artificial intelligence (AI) models unless the rights holder specifically objects

The proposal, made in December 2024, to override the rights of all artists, writers, musicians and other creators for the sake of training AI machines provoked widespread outrage with high-profile opponents including Elton John, Rowan Atkinson and Dua Lipa. The government’s consultation received more than 11,500 responses, overwhelmingly rejecting the government’s preferred option of giving AI developers a ‘data mining exception with opt-out and transparency measures’.

In a 125-page Report on copyright and artificial intelligence, presented to Parliament last week, however, the government said it wanted to ‘take the time needed to get this right’.

Joel Smith, partner at Simmons & Simmons, said: ‘The rumble of a can being kicked down the road is only evident to hear.

‘Rights’ holders will welcome that existing copyright law stands, left to the courts to apply existing principles. AI developers will be relieved to find no new statutory imposition of rules on transparency or labelling for now, nor any statutory imposed scheme for licensing content. 

‘Instead, industry is left to negotiating licences under market-driven forces. Many will wonder whether the last two years were a strange dream, only to awake to the status quo of “business as usual”.’

Law Society chief executive Ian Jeffery welcomed the ‘intention to protect creators and explore alternatives to forcing everyone to instruct AI companies not to use their content (opt out)’. 

He urged the government to ‘prioritise transparency in how AI developers use copyrighted material safeguarding the rights of creators regardless of the mechanism used (opt in or out). There must be a controlled process for AI systems using publicly available data to ensure creators retain control of their intellectual property’.

MOVERS & SHAKERS

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

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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