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Regulation Daily Brief

UK Drops AI Copyright Training Exemption, Creative Sector Wins, But No Legislative Path Forward Named

2 min read UKTN / Lewis Silkin Confirmed
The UK government has withdrawn its proposal for a text and data mining exception that would have allowed AI training on copyrighted works without licenses, a clear win for the creative sector, which campaigned hard against the measure. What comes next is less clear: legal analysts, including Lewis Silkin, characterize the government as currently having no preferred legislative path forward for resolving the AI copyright training question.

The UK’s proposed AI copyright training exemption is gone. The government withdrew its text and data mining proposal following sustained pressure from the creative sector, including artist unions such as Equity, according to UK Technology News. The exemption would have allowed AI developers to train models on copyrighted works without obtaining licenses. Its withdrawal means that legal baseline hasn’t changed: in the UK, training on copyrighted material without a license remains legally contested.

For the creative sector, this is a tangible result. Organized opposition from artists, writers, and performers translated into a government policy reversal on a measure that would have materially affected rights holders’ ability to control how their work was used in AI development. That doesn’t happen often enough in AI policy to go unremarked.

For AI developers operating in or targeting the UK market, the picture is more complicated. The exemption’s withdrawal closes a path that was still only proposed, so in a narrow sense, nothing has changed from a legal standpoint. But the direction of UK policy is now less clear, not more. Legal analysts, including Lewis Silkin, characterize the UK government’s current position as having no preferred legislative path forward for resolving the AI copyright training question. That characterization reflects their reading of government communications, not a direct government statement. But it captures the uncertainty accurately: the UK has stepped back from one approach without announcing another.

The EU’s framework, for context, takes a different position. Under the Digital Single Market Directive, AI training on copyrighted works is permitted with an opt-out mechanism for rights holders. The UK’s now-reset position sits in contrast to that approach, though without a stated alternative. The US landscape involves ongoing litigation rather than settled legislation. If you’re operating across all three jurisdictions, you’re tracking three different legal states simultaneously.

What to watch: The UK government will need to return to this question. The absence of a preferred option isn’t a stable regulatory position, it’s a placeholder. Watch for Department for Science, Innovation and Technology (DSIT) consultations, parliamentary inquiries, or signals from the Digital Markets, Competition and Consumers Act implementation process that indicate where UK policy is heading. The creative sector’s organized response to the TDM exemption signals that any future proposal will face structured opposition. That dynamic shapes what legislative options are politically viable.

The UK is one of three major jurisdictions with statutory AI frameworks now in place or advancing, as covered in our comparative framework analysis. The copyright question now diverges from the EU’s settled approach in ways that matter for developers deciding where to build training pipelines and how to structure licensing. For IP attorneys and compliance teams with UK exposure, the reset is a signal to pause and monitor, not a signal to proceed on any particular assumption about what comes next.

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