UK Government to reconsider AI Use of Copyrighted Works
By Kimberlee Carstensen on 31 March 2026
In its most recent March 2026 Report on Copyright and Artificial Intelligence, the UK government has reversed its previous position on how artificial intelligence (AI) developers may use copyrighted material, following strong opposition from actors, musicians, writers and other creative professionals in response to its consultation in December 2025.
Abandoning the “opt out” proposal
In its earlier proposal published in December 2025 the UK Government considered allowing AI companies to train models on copyrighted works by default, with rights holders required to ‘opt out’ if they did not want their content used. This approach prompted widespread criticism from the creative industry and included opposition from high-profile artists such as Sir Elton John and Dua Lipa. With the creative industry arguing that it would undermine copyright protections and deprive creators of control over their work, including recovering remuneration.
In response, the Technology Secretary, Liz Kendall, confirmed that the government no longer has a ‘preferred option’ for reforming copyright law in this area and will not proceed with legislative changes until it is confident that any new framework is able to balance the interests of IP owners and creators and AI developers.
What does this mean in practice?
At present, the legal position remains unchanged with existing copyright rules continuing to apply. Under existing English law, copyrighted material cannot be used for AI training without permission from the rights holder. The government has acknowledged that there is currently no consensus on how to reconcile the rapid growth of AI with the protection of creative works, and further engagement with both sectors is expected before any reforms are reconsidered.
Why this matters for businesses
The UK Government’s shift in approach highlights the increasing tensions within the technology and creative industry relating to AI training on copyrighted works, with IP owners and creators focused on protecting their IP and AI developers looking to make technological advances and pursue innovation. In the meantime, caution should be exercised by AI and LLM developers and users, relating to accessing copyrighted content and how their AI systems are trained and commercialised, and IP owners should continue to protect and enforce their rights.
Navigating deals in the “AI era” involves a good understanding of the technology industry and intellectual property rights – at Roxburgh Milkins we have a number of clients within the above sectors and we can help you structure these deals and negotiate the contracts.
If you are looking to protect your IP, collaborate with an AI business, or if you are an AI developer and would like to discuss your legal needs, please get in touch at kimberlee.carstensen@roxburghmilkins.com.