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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

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