Ukie responds to copyright and artificial intelligence consultation

Submitted – 25 February 2025

The UK video games industry is a significant user and developer of low-risk AI technologies, with contributions from both large tech companies and small creators. Ukie’s response to the Government’s position generally supports the current framework but emphasises the need for an opt-out system that is technically feasible, functional, interoperable, and easy to use for creators across all content types. Current location-based and unit-based opt-outs, such as Robot.txt and metadata, are not sophisticated enough to fully protect creators’ rights, particularly when external sites like YouTube or Twitch display game footage. Chris Bryant, during the CI roundtable in December 2024, also highlighted that no exception should be introduced without a workable rights reservation system, something the EU is still struggling to address.

Regarding transparency, Ukie believes that AI developers should disclose clear and accessible information about their use of web crawlers, but this should not come at the cost of disclosing sensitive trade secrets. While the EU AI Act does not yet specify the exact level of transparency required, the AI Office is currently working on a voluntary code of practices for transparency, which has faced considerable resistance from big tech companies. In addition, Ukie argued that labeling should not be mandatory where there is minimal risk of consumer confusion, such as when players are aware they are engaging with fictional content in a video game.

On the issue of Computer Generated Works (CGW), the UK Government’s proposal to remove CGW protections entirely has raised concerns. Ukie has advocated for reform instead, suggesting a clarification of the legal framework, particularly regarding the originality requirement and the threshold for “significant human intervention.” Currently, it remains unclear whether copyright applies to AI-generated works and how much human input is needed for protection. Eliminating CGW protections could create uncertainty for businesses relying on AI-assisted creativity, potentially stifling innovation in the UK’s digital economy.