Data (Use and Access) Bill [Lords]

Debate between John Hayes and Alison Hume

2nd reading
Wednesday 12th February 2025 Commons Chamber

[Alison Hume (Scarborough and Whitby) (Lab)]

I would like to draw the attention of the House to my membership of the Writers’ Guild of Great Britain.

I rise to contribute to today’s debate on the Data (Use and Access) Bill as a creative who worked as a screenwriter before I entered this place. To write a good script takes discipline, focus, sweat and tears—I have found that tea and biscuits help, too. Us mere mortals cannot create something out of nothing. Creativity is an act of synthesis: pulling together the flotsam and jetsam of our experiences and observations and applying them in an original way. We pour our life experiences into our work, creating the humanity behind the lines, which lifts characters from the pages and into the public’s consciousness.

If the public want to hang out by watching the shows that we create, we have on our hands the rarest of commodities—a hit.

Many years ago, I worked on the hit show “New Tricks”. It was a cold case cop drama that ran to 12 series on the BBC, created by Nigel McCrery, who died this week. “New Tricks” was, and remains, a very popular show. Twice a year, I receive the royalties collected for me by the Authors’ Licensing and Collecting Society. I am paid fairly for my original work when it is rebroadcast around the world, or on digital platforms.

This week, I discovered that the subtitles from one of my episodes for “New Tricks” have been scraped and are being used to create learning materials for artificial intelligence. Along with thousands of other films and television shows, my original work is being used by generative AI to write scripts, which one day may replace versions produced by mere humans like me. This is theft and it is happening on an industrial scale. As the law stands, AI companies do not have to be transparent about what they are stealing. I therefore welcome the principle of the amendments in the Bill before us today, which address this issue. The amendments require generative artificial intelligence firms to be transparent about the content used to train their models, allowing creators to know when our work has been used. Another amendment expands the existing copyright regime, which is completely clear that the unlicensed use of creative content to train AI models is theft, to cover all GAI models marketed in the UK.

Over in the United States, Thomson Reuters has just received a summary judgment on its infringement claim. It is the first pure AI training case decided in the US, and the judge has said that AI training is not fair use. I welcome the Secretary of State’s statement and his listening mode, but the creative industries worry that the Government’s preferred position of creators of original material opting out of having work scraped is not workable because no such model currently exists anywhere in the world. We are worried because creators build our industries. The creative industries are at the heart of our industrial strategy.

[Sir John Hayes]

I fully endorse much of what the hon. Lady has said. We as a House were slow to regulate the internet when it first emerged. The fascination with the new blinded people to the damage it could do. We have had the online harms Bill more recently and so on and so forth. The risk in this case is not that we go too far, but that we do not go far enough. It is important, based on what she just said, that we take swift, decisive and firm action to avoid the eventuality of reducing humans, as she described them, to “mere” puppets.

[Alison Hume]

The right hon. Gentleman makes an important point, and it is crucial that the Government take that into account at the end of the consultation.