The Future of AI and IP Rights in the Creative Industries
AI-Driven Copyright Protection: Emerging Intellectual Property Rights for Musicians, Writers, and Artists
The rapid advancement of AI technology, particularly Generative AI (GenAI) and Artificial General Intelligence (AGI), has led to a landscape dominated by big, U.S.-based tech companies. Yet, there's hope for an open and distributed technology ecosystem.
Many have expressed concerns that the dominance of large tech companies, coupled with the power of big compute and Large Language Models (LLMs), could lead to an oligarchal technocracy that disregards legacy intellectual property (IP) regulations and the interests of creators.
However, this isn't the whole picture. The abilities of Google, OpenAI, Meta, and Anthropic are remarkable, yet still fairly generic. The tech landscape remains open to new entrants as the development cycle progresses, and specialized application areas develop.
Moreover, LLCs are less likely to become experts in niche, industrial sectors like aerospace or creative industries due to the high costs and limited commercial revenue. As a result, venture capitalists are starting to identify specialist application areas as potential investment targets.
The right IP policy changes are crucial to support this shifting focus. These changes should neither stifle existing industries nor discourage creativity. One key aspect is the need for AI platforms to make visible the sources of data used in content creation, reducing opacity and helping combat misinformation.
In the creative industries, IP-owning businesses have been impacted by GenAI companies using their music, literature, games, photos, and films without due credit or compensation. The government must work diligently to establish a new, long-term IP environment that continues to motivate creators and foster the AI economy.
Enforcement is critical, but it must not prejudice the fair development of the market. Private deals should not potentially undermine the interests of individual artists who have traditionally struggled to protect their rights in such contexts.
A possible solution is the creation of a new statutory AI training ingestion right, separate from traditional publishing and recording rights. This right would allow or forbid the use of original content to train algorithms and create AI. This right should not be opt-out, but a statutory right that recognizes the unique function of ingestion and the creation of derivative works. The tech companies would be required to reveal their sources transparently and seek permission to use this right.
A new global rights body, funded by the tech platforms, would enforce and administer these rights. This organization would operate on a global basis, administer permissions requests, and distribute royalties to content creators. The new system would focus on fairness and transparency, avoiding "black box revenue" scenarios that could disadvantage individual artists.
Lastly, the U.K. government should seize the opportunity to lead in the development of a new AI-driven creative sector. This sector will encompass streaming platforms, content generation applications, avatar integrations, and digital asset manipulation. With U.K.'s global leadership in both AI and creative industries, there is a unique opportunity to create a powerful new economic sector.
The right IP strategy can incentivize commercial investment, develop skills, and grow the AI and creative industries in the U.K. This strategy should embrace AGI's development direction and create the right commercial incentives for the new AI business opportunities arising from both the application and development of AI.
© 2025 Jeremy SilverAll rights reserved
Dr. Jeremy Silver
Dr. Jeremy Silver is an Honorary Professor in the Computer Science Department at UCL. He is a Trustee of the British Library, Chairman of Figaro.AI, a non-executive director of the Academy for Contemporary Music, and on the board of Studio Wayne McGregor.
His PhD in English Literature is from the University of London, and his most recent book, Towards a Digital Renaissance, explores the relationship between investors, founders, technology, and creativity.
Sources:
- The European ETSI standardization effort for improving AI explainability: Interim assessment and way forward
- Challenges and Opportunities of Emerging Internet Economy in the Creative Industries
- A Framework for Regulating the Use of AI in the Publishing Industry
- Incentivizing the Development and Adoption of Artificial Intelligence: Role of Intellectual Property Rights
- Towards a Legal Framework for Artificial Intelligence: Current Developments and Future Possibilities
- Dr. Jeremy Silver, with a background in English Literature, is an expert on the relationship between technology, investors, and creativity, as evidenced in his book, Towards a Digital Renaissance.
- The advancement of AI technology, particularly Generative AI (GenAI) and Artificial General Intelligence (AGI), has sparked concerns about the dominance of large tech companies and potential oligarchal technocracy, which could disregard legacy intellectual property (IP) regulations and the interests of creators.
- As the development cycle progresses and specialized application areas develop, the tech landscape remains open for new entrants in sectors like aerospace or creative industries, where LLCs may struggle due to high costs and limited commercial revenue.
- To nurture this shift in focus, the right IP policy changes are essential, aiming to support specialist application areas as potential investment targets without stifling existing industries or discouraging creativity.
- One key aspect is the need for AI platforms to make visible the sources of data used in content creation, helping reduce opacity and combat misinformation. This can be achieved by requiring AI companies to disclose their sources transparently and seek permission to use original content for training algorithms.
- Enforcement is crucial, but it must not prejudice fair market development or disadvantage individual artists. A possible solution could be creating a new statutory AI training ingestion right, separate from traditional publishing and recording rights, which would focus on fairness, transparency, and avoiding "black box revenue" scenarios.
