Copyright law and AI keep entertaining governmental discussions, litigation, licensing contracts, academic conferences, and many others. Everyone wants to get it right. The UKIPO held a public consultation on the topic, the results of which, while insightful, made it clear that the regime is not ripe for a grand legislative overhaul. Instead, music and publishers have taken issue with potentially opening the current UK text and data mining exception to commercial purposes with no opt out. This has led to a slightly softer approach. Currently, the UKIPO is conducting closed doors roundtables with various stakeholders (from right holders to industry and users). Bringing conflicting perspectives to the same table is commendable. Yet, how did one decide who to invite?
Inclusivity and transparency are landmark benchmarks in all sorts of policymaking; in AI, they are crucial. That said, no official call for interest was launched for these roundtables. This paper studies these policymaking processes from a copyright perspective warning that such an approach compromises the goal and the process of drafting an effective code of practice for AI and copyright law.
Dr Alina Trapova has been a Lecturer in IP Law at University College London (UCL) and a Co-Director of the Institute for Brand and Innovation Law (IBIL) at UCL Laws since January 2023. Prior to that, she worked at the University of Nottingham as an Assistant Professor in Law and Autonomous Systems and Bocconi University as a Research Assistant and Coordinator of the LLM in European Business and Social Law.
Alina's research interests focus on copyright law and the implications of machine learning and artificial intelligence on the creative industries. Alina also has a keen interest in EU law, particularly in examining the EU's law-making powers in the field of IP law. She also acts as a Co-Managing Editor of the well-known Kluwer Copyright Blog.
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