Intellectual Property: Artificial Intelligence

Polly Billington Excerpts

Wednesday 23rd April 2025 Westminster Hall

[Ms Polly Billington (East Thanet) (Lab)]

It is an honour to serve under your chairmanship, Ms McVey. I first declare an interest: my wife is a professional photographer.

People who create art in any form add value to the world. They inspire people, provoke ideas and push boundaries—and deserve to be fairly paid for it. In East Thanet alone, we have the famous names of J. M. W Turner, Vincent van Gogh, Charles Dickens, Wilkie Collins and Jane Austen—all inspired by that constituency, all having called it home. Current creatives who live there must be paid to be able to do the same.

The image of an artist in a garret has become romanticised to the point that it is almost used as an excuse not to pay creatives properly. The Government are currently taking the Employment Rights Bill through its legislative stages and, once introduced, it will be genuinely transformative for people in low-paid and insecure work.

Simultaneously, the Government are consulting on proposals that could actively take away rights and protections from creative workers. The right to have one’s work protected by copyright law is enshrined in British law. Copyright exists to protect not just the wealth of the individual but the wealth of the nation. It is fundamental to the success of innovators, entrepreneurs and creatives—and it is fundamental to our economy. The claim that AI and tech firms will take their business somewhere else if they do not have free access to people’s work is, quite frankly, extortion. We do not expect or allow other industries to do that, so why do we think it is acceptable to force creatives to accept this deal?

I am not here to defend the status of our copyright laws—we are not starting from a high baseline in this country. Sadly, creatives are all too used to being ripped off and taken advantage of. The Government have acknowledged that our copyright regime is out of date, and I absolutely agree. However, it cannot be right that the answer is simply to make it harder for creatives—to make low-paid work even less rewarding and insecure work even more insecure.

If we choose to modernise copyright law to increase protections for our national cultural wealth, we can turbo-charge the growth potential of this industry. Currently, we are on a path to undermine an industry that is already insecure. One of the staples of British values is fairness; if someone does a fair day’s work, they get a fair day’s pay. Not only is allowing creatives to have their protection eroded not fair, but it is simply not British. We ask for simple fairness, the right to permit or protect, and the right to be paid.

--- Later in debate ---

[John McDonnell (Hayes and Harlington) (Ind)]

I am the secretary of the National Union of Journalists parliamentary group and have worked with Equity through the Performance Alliance and the Musicians’ Union for the last 25 years. I just want to get on the record the union perspective. As other Members have said, often in these debates the workers have been portrayed as luddites. It is quite the reverse; it is the workers who are creating these mechanisms.

As hon. Members have said, all that the trade unionists are asking for is for their rights to be protected—protected through collective bargaining, which is the mechanism that we have used for over a century for negotiations between the trade unions and the trade associations. The request is straightforward: that copyright law should be respected. The hon. Member for Bury North (Mr Frith), who secured the debate, eloquently and comprehensively set out that that law is actually not unclear or disputed—it exists. The simple rule is that if someone wants to use someone else’s material, they must secure a licence with the rights holder. As a result, through that collective bargaining mechanism, we can protect everybody in future.

[Ms Billington]

Copyright is often enforced by people who have licensing departments to enforce it, but smaller creatives, such as many in my constituency, find it extremely difficult to enforce copyright as it currently stands. That is one reason why we should use this opportunity to strengthen our copyright law to protect those low-paid workers.

[John McDonnell]

That is exactly right. One of the key issues raised by the hon. Member for Bury North is that lack of transparency, because people are not even aware that their stuff is being used until a later date, and then they are outraged. The role of Government is to ensure that they can enforce that the AI being developed is compliant with the regulations. In addition to that, as has been mentioned, the Information Commissioner has made very clear the role of GDPR and how it applies in such cases, and that the issue is about ensuring, from Government, that there is proper enforcement.

The simple message from this debate to the Minister is to just drop the Government’s proposed text and data exception. Several hon. Members have made it clear that nobody has discovered an effective opt-out mechanism that is applicable at this time—maybe some time in the future, but certainly not in the immediate future.

The other issue is that the performers’ rights framework needs to be updated now. That demand has come from virtually every trade union, and other bodies representing individual artists as well. That is the debate we should be having—about how we could update and improve that framework, and about enforcing existing GDPR.

One of the briefings that I saw said that this country is a gold mine of creativity and creative content. Well, at the moment, there is a gold rush on. It is a wild west out there, and the people benefiting are the big US tech companies. I do not want to push the analogy too far, but we need a sheriff. That is the role of Government; the Government should not be taking us backwards rather than moving us forwards.

I hope that the Minister leaves this debate with a full understanding of the tenor not just of what is needed, but of the cross-party strength of feeling. We need the Government to intervene positively to protect people’s rights and to protect that gold mine of creativity in this country.