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Lord Freyberg (CB)

Speaking in the House of Lords on 11 June 2025

Debate

Data (Use and Access) Bill [HL]

Contribution

I support the Motion tabled by the noble Lord, Lord Berkeley. I declare my interest as an artist member of DACS. It is no secret that Governments have built AI policy around the views of those with the deepest vested interests: companies whose business models rely on opacity. The noble Lord’s amendment is modest, but it is a line in the sand. If we want a fair digital economy, we must start by listening not only to shareholders and Silicon Valley lobbyists but to creators, researchers and small businesses. Transparency is not a threat to innovation; it is the precondition for accountability. I will explain the reasons behind that. First, this amendment aligns perfectly with established IP disclosure requirements. Under Regulation 16 of the collective rights management regulations, copyright users must already provide information to collecting societies about works used. The amendment from the noble Lord, Lord Berkeley, would simply extend this proven principle to AI companies to ensure they disclose what copyright works they use in training. This would create consistency across our IP regime, rather than carve out special exemptions for big tech. Secondly, as the noble Lord, Lord Berkeley, has already said, the amendment involves no financial burden on the Government. Finally, disclosures benefit everyone, including AI companies themselves. When both rights holders and AI developers can see what works have been used, they can properly assess whether legitimate exceptions exist under copyright laws and whether they apply. This legal clarity reduces litigation risks and encourages proper licensing arrangements. I hope that the House will support this amendment.

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