Source · Select Committees · Culture, Media and Sport Committee
Recommendation 6
6
Deferred
Paragraph: 32
Regain creative industries' trust; ensure transparency, recourse, and redress for AI use.
Recommendation
The Government must work to regain the trust of the creative industries following its abortive attempt to introduce a broad text and data mining exemption. The Government should consider how creatives can ensure transparency and, if necessary, recourse and redress if they suspect that AI developers are wrongfully using their works in AI development.
Government Response Summary
The government's response addresses the implementation of the Beijing Treaty on Audiovisual Performances and issues like deepfakes, sidestepping the recommendation to regain trust with creative industries and consider transparency and redress for wrongful AI use of creative works.
Paragraph Reference:
32
Government Response
Deferred
HM Government
Deferred
The Government has committed to implementing and ratifying the Beijing Treaty on Audiovisual Performances. The Treaty provides intellectual property rights for audiovisual performances. These include performances given by actors, musicians, dancers and other performers that are incorporated in films, television programmes and other audiovisual recordings. The Treaty does not include specific provisions for audiovisual performers to protect their rights against, for example, ‘deepfakes’ as may be generated by AI. However, implementing the Treaty includes providing audiovisual performers with moral rights for their live performances and performances in audiovisual fixations. These are the rights for the performer to: • claim to be identified as the performer, except where omission is dictated by the manner of the use (‘the attribution right’) and • object to any distortion, mutilation or other modification of their performance that would be prejudicial to their honour or reputation, taking due account of the nature of audiovisual productions (‘the integrity right’). This right applies to modifications that are objectively prejudicial to the performer’s reputation in a substantial way. The Intellectual Property Office launched a public consultation on 14 September 2023 to build on an earlier call for views by gathering further evidence on options for implementation. The consultation included draft legislation for comment and closed on 9 November. Once the agreed legislation is in place, we expect the Treaty to come into force in the latter half of 2024. We accept the limitations of performer’s rights and the Beijing Treaty in dealing with the misuse of performers’ likenesses. The IPO will work with OAI, DCMS, and other interested departments to understand the legal environment and explore the case for stronger protections. We note that some industry initiatives are being introduced to address the challenges posed by generative AI, including deepfakes, such as the recent policy announcement by YouTube to implement stricter measures on AI- generated content. R&D and Innovation Recommendations