Comments to the UK Government on Proposed Changes to the Copyright, Design, and Patents Act 1988
The Center for Data Innovation submitted these comments to the UK government’s Intellectual Property Office, Department for Science, Innovation and Technology, and Department for Culture, Media and Sport on its consultation on proposed changes to the UK’s copyright regime, the Copyright, Design, and Patents Act (CDPA) 1988.
The UK government is consulting on four legislative options for copyright and AI to balance rights holder control, AI development, and transparency. While the government favors Option 3, which allows rights holders to reserve rights, it lacks legal certainty, penalizes AI firms, contradicts UK copyright principles, and undermines AI competitiveness.
We recommend that the UK government carry forward Option 2 for four reasons:
1. Option 2 provides the most legal certainty to allow for lawful data scraping and data
mining in the least burdensome way possible;
2. Option 2 strikes the optimal balance on incentivising creativity and fostering innovation;
3. Option 2 ensures both commercial and non-commercial organisations are treated
equally; and
4. Option 2 provides the UK with a competitive advantage over other regimes like the United
States and European Union by offering predictability and lowering barriers to
development.
