Data (Use and Access) Bill [Lords]

Debate between Allison Gardner and Pete Wishart
Wednesday 7th May 2025

(2 weeks, 4 days ago)

Commons Chamber
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Pete Wishart Portrait Pete Wishart
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The hon. Lady is spot on. The Minister continues to go on about licensing arrangements, and I think that is the territory we want to move this on to. We need to hear more about the Government’s ambitions right now, and about what they are planning to do. The hon. Lady should have a look at the submissions to the consultation from the big tech companies such as OpenAI—it is a horror show. An opt-out is even too far for them.

I have enjoyed working with Labour colleagues during these debates. They have said all the right things, and I think that, as usual, they recognise some of the difficulties in the sector, but I appeal to them now to support, in particular, new clause 2, if it goes to a vote. It is no good just saying all the right things; this is about voting in the right direction. There is no other chance, because this is the only opportunity. We must offer some protection to our creative sector over the next few years, because nothing else will appear during that time. We will all become involved in the consultation and we will all be taking part in the legislation when it comes here, but that is years away. This is the only thing that we can do to offer some support to the creative sector, and I urge everyone to support the new clauses.

Allison Gardner Portrait Dr Allison Gardner (Stoke-on-Trent South) (Lab)
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I welcome the opportunity to speak in support of the Bill and to address some of the amendment proposed, particularly Government new clauses 16 and 17.

New clause 17 is entitled “Report on the use of copyright works in the development of AI systems”. I am pleased to note, in subsection (3)(b), that the report will

“the effect of copyright on access to, and use of, data by developers of AI systems (for example, on text and data mining)”.

I also note that “developers” are specifically broken down into

“individuals, micro businesses, small businesses or medium-sized businesses”.

It is right to provide for that level of granularity. Similarly, I note that the report will

“consider, and make proposals in relation to… the disclosure of information by developers of AI systems about”

their use of copyright data to develop AI systems and “how they access” that copyrighted data,

“for example, by means of web crawlers”.

I am pleased to see discussions of licensing included in the report, and an exploration, again in granular detail, of the impact of a licensing system on all levels of developers. However, I would have liked to see an equal level of granularity for copyright owners to understand the effects of proposals outlined in subsection (3). Subsection (4) states that

“In preparing the report, the Secretary of State must consider the likely effect of proposals, in the United Kingdom, on… copyright owners”

as well as developers and users of AI systems. Although I note that new subsection (4) refers to individuals, microbusinesses and so on, I feel that there is a little vagueness as to whether this level of granularity is afforded to copyright owners as well.