Glenlead explores the relationship between AI regulation and intellectual property at Westminster Forum’s conference: The future for content creation and generative AI.

1 March 2024

At the end of February 2022, Glenlead’s Executive Director, Dr Ann Kristin Glenster spoke at the Westminster Forum’s conference on The Future for content creation and generative AI.

The conference was chaired by Charles Courtenay, the Earl of Devon.

Along with other speakers, such as Caroline Norbury, OBE (Creative UK), Sophie Jones (BPI), Lynda Rooke (Equity UK), and Professor Noam Shemtov (Queen Mary University), Dr Glenster explored the profound gamechanger AI is to the UK creative industries, and what should be done about it.  

While most of the conference focused on the ongoing battle between AI companies and the creative industries over intellectual property, Dr Glenster’s remarks took a broader perspective. She explained how there was an emerging consensus on overarching principles for AI regulation and governance, although the specific frameworks may differ in their application of these principles on the ground.

Several facets of AI regulation may have impact on content creation and directly relate to ongoing discussion on intellectual property rights, especially copyright.

For example, AI regulatory debates on transparency and explainability feeds straight into discussion on transparency regarding training data in disputes over copyright or trade secrecy protection.

AI regulation on safety often covers measures to counteract online harms, which may lead to requirements for creators to demonstrate the source and veracity of their content. The principle of fairness is often tied to objectives to combat discrimination and biases in the output of AI systems. Ensuring diversity in creative content is crucial to a flourishing creative industry.

Watermarking to inform consumers can also be used to attribute authorship to creative content creators. Content moderation may affect content creators’ ability to reach their audiences, their freedom of speech, and the plurality of creative output online.

AI regulation on privacy and use of personal data also affects content creation and may be used by performers to claim their rights to their images and voices. The focus on human-centric AI in AI regulation aligns with the creative industries’ call for safeguarding the rights of the human creator in intellectual property law and beyond.

These examples demonstrate that AI regulation and intellectual property are clearly related when it comes to content creation. As the AI regulatory framework evolves and intellectual property regimes adapt to this new technology, the importance of this intersection will only grow. More research and forward-looking policy solutions are urgently needed to ensure that AI innovation and the creative industries can both thrive for decades to come.