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NLJ this week: AI mining & the threat to creative industries

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Web scraping and the illegal appropriation of copyrighted works is a difficult nut to crack. In this week’s NLJ, Paul Schwartfeger, barrister, 36 Stone, looks at the applicable law, including caselaw on the topic and the ongoing Getty case

A government consultation is currently underway, proposing artificial intelligence (AI) companies be allowed to mine publicly available content for commercial training purposes, unless rights holders expressly opt out.

As Schwartfeger writes, however, the opt out proposal ‘risks creating a system where a reproduction is lawful when executed by a machine but unlawful when done by a human’.

Moreover, both sides are wary—creatives fear their livelihoods will be threatened, while AI developers say the proposals are technically unworkable. Schwartfeger considers how the gap might be bridged. He recommends ‘targeted legal reform and clear regulatory guidance’. 

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
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
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
Writing in NLJ this week, Thomas Rothwell and Kavish Shah of Falcon Chambers unpack the surprise inclusion of a ban on upwards-only rent reviews in the English Devolution and Community Empowerment Bill
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
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