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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

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Switalskis—Naila Arif, Harriet Findlay & Ellie Thompson

Firm awards training contracts to paralegals through internal programme

Ward Hadaway—Matthew Morton

Ward Hadaway—Matthew Morton

Private client disputes specialist joins commercial litigation team

Thomson Hayton Winkley—Nina Hood

Thomson Hayton Winkley—Nina Hood

Cumbria firm appoints new head of residential property

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
Family law must shift from conflict-driven litigation to child-centred problem-solving, according to a major new report. Writing in NLJ this week, Caroline Bowden of Anthony Gold outlines findings showing overwhelming support for reform, with 92% agreeing lawyers owe duties to children as well as clients
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