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

06 June 2025

Issue: 8119 / Categories: Legal News , Artificial intelligence , Copyright , Intellectual property , Regulatory , Technology

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’.

Issue: 8119 / Categories: Legal News , Artificial intelligence , Copyright , Intellectual property , Regulatory , Technology

AI ingestion or indigestion?

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

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’.

Issue: 8119 / Categories: , Legal News , Artificial intelligence , Copyright , Intellectual property , Regulatory , Technology

AI ingestion or indigestion?

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

MOVERS & SHAKERS

National Pro Bono Centre—Esther McConnell & Sarah Oliver Scemla

Michelman Robinson—Akshay Sewlikar

McDermott Will & Schulte—Karen Butler