The authors wish to thank Sumaiyah Razzaq for her contributions to this post.

Ever since the emergence of generative AI, a major concern for all participants has been the extent to which copyright works can and should be used in training AI models.

The application of UK copyright law for this purpose is disputed, leading to inevitable high-profile tension between, on one hand, rights holders keen to control and be paid for use of their work and, on the other, developers who argue that this legal uncertainty is undermining investment in, and the development of, AI in the UK.

Whilst cases are making their way through the courts in the UK and further afield (such as in Germany[1] and the US[2]) on this issue, there have been frequent calls for specific legislation (including by the UK government itself, which has publicly stated that the status quo cannot continue).