版权与人工智能报告

Department for Science, Innovation and Technology Report on Copyright andArtificial Intelligence Presented to Parliament pursuant to Section 136 of the Data (Use and Access)Act 2025 March 2026 © Crown copyright 2026 This publication is licensed under the terms of the Open Government Licence v3.0 except where otherwisestated. To view this licence, visitnationalarchives.gov.uk/doc/open-government-licence/version/3. Where we have identified any third party copyright information you will need to obtain permission from thecopyright holders concerned. This publication is available atwww.gov.uk/official-documents. Any enquiries regarding this publication should be sent to us at: Department for Science, Innovation and Technology22 Whitehall, London SW1A 2EG ISBN 978-1-5286-6308-3E03546782 03/26 Printed on paper containing 40% recycled fibre content minimum Printed in the UK by HH Associates Ltd. on behalf of the Controller of His Majesty’s Stationery Office Contents Section A: Report on Copyright and Artificial Intelligence7Overview7Copyright and artificial intelligence8The Copyright and AI Consultation8The government’s approach10A copyright exception for AI training11Transparency over the content and data used to develop AI systems11Labelling of AI and human-created content12Technical tools and standards12Licensing13Enforcement13Computer-generated works14Digital replicas14Section B: Copyright and AI systems15AI system development16Copyright law21Types of protection21Rights and exceptions22Copyright in other countries23Copyright and artificial intelligence models25Status Quo: Views from consultation32Status Quo: Assessment34Section C: Copyright and AI systems – Consultation options36Overview36A broad data mining exception, which allows right holders to reserve their rights by optingout (consultation option 3)36Exception with opt-out: views from consultation38Opt-out exception: potential effects40 No new exception, copyright is strengthened so licensing is required for AI development(consultation option 1)44A broad data mining exception, with no opt-out (consultation option 2)50Alternative approaches54Section D: Input transparency60Input transparency60Web crawler transparency61Legislative approaches to transparency61International approaches62Views from the consultation64Technical working groups67Conclusions and proposals67Section E: Output transparency69Overview69International approaches70Views from the consultation72Technical working groups74Conclusions and proposals74Section F: Technical tools and standards75Overview75Current challenges79Views from consultation81Conclusions and proposals85Section G: Licensing86The legal basis for copyright licensing86Current licensing environment for AI88Views from the consultation92Conclusions and proposals95Section H: Enforcement96 Overview of existing mechanisms96The role of a regulator99Market access and extra-territoriality100Views from the consultation101Conclusions and proposals102Section I: Computer-generated works104Rationale for computer-generated works protection104Other forms of copyright protection for AI outputs105Legal scope of computer-generated works protection105International comparisons106Views from the consultation108Conclusions and proposals111Section J: Digital replicas112Overview of impacts from digital replicas112Application of existing UK law113Commercial-creative impacts of digital replicas114Existing UK intellectual property law115International law and developments118Views from the consultation119Stakeholder engagement122Conclusion and proposals123 Section A: Report on Copyright andArtificial Intelligence Overview 1.This report has been prepared pursuant to section 136 of the Data (Use and Access)Act 2025 (“the D(UA) Act”)1. It considers the use of copyright works in thedevelopment of artificial intelligence (AI) systems. It follows the government’sconsultation on Copyright and Artificial Intelligence, which ran from 17 December2024 to 25 February 2025, as well as more recent engagement and developments. 2.The first section of the report considers the four policy options on copyright and thetraining of artificial intelligence models set out in the government’s consultation, aswell as alternative approaches. 3.Subsequent sections consider aspects of copyright and AI training, including thewider regulatory environment, in more depth. They consider: •the effect of copyright on access to, and use of, data by AI developers;•transparency about the access to, and use of, copyright works by AIdevelopers, and about the outputs of AI systems;•technical measures and standards that may be used to control the access to,and use of, copyright works to develop AI systems;•licensing of copyright works for AI development;•enforcement of requirements and restrictions relating to the access to, and useof, copyright works to develop AI systems, and relating to their outputs. 4.These correspond to the themes listed in section 136(3) of the D(UA) Act. Th