Data (Use and Access) Bill [HL]

Lord Freyberg Excerpts

Committee stage
Tuesday 10th December 2024 Grand Committee

Moved by

[Lord Freyberg]

60: Clause 67, page 75, line 10, leave out from “scientific” to end of line 12
Member's explanatory statement
This amendment seeks to ensure that the Bill does not extend the meaning of “research purposes” to include privately funded or commercial activity, to avert the possibility that such ventures might benefit from exemptions in copyright law relating to data mining.

[Lord Freyberg (CB)]

My Lords, I have tabled Amendment 60 to add to our discussion and establish some further clarity from the Minister on the impact of widening the scope of the interpretation of scientific research to include commercial and private activities. I thank her for her letter of 27 November to all noble Lords who spoke at Second Reading, a copy of which was placed in the Lords Library; it provides some reassurance that scientific research activities must still pass a reasonableness test. However, I move this probing amendment out of concern that the change in definition may have unintended consequences for copyright law. It is vital that we do not just look at this Bill in isolation but consider the wider impact that changing definitions and interpretations will have on other aspects of legislation.

Research activities are identified under the Copyright, Designs and Patents Act 1988. Some researchers require access to and reproduction of data and copyright-protected material for research purposes. Under Section 29A, researchers can avail themselves of an exemption from copyright which allows data mining and analysis of copyright-protected works for non-commercial research only, without permission from the copyright holder. The UK copyright framework is popularly known as the “gold standard” internationally, as it carefully balances the rights of copyright holders with the need for certain uses to take place, such as non-commercial research, educational uses and those that protect free speech. That balance is fragile, and we must be very careful not to disrupt it unintentionally.

The previous Government sought to widen Section 29A of the Act by allowing text and data mining of copyright-protected works for commercial purposes, but this recommendation was quickly reversed when the Government considered that the decision was made without appropriate evidence. That was a sensible move. The current Government are still due to consult with stakeholders on the exemption to the law, against the backdrop of AI companies using copyright-protected works for training large language models without permission or fair pay. Given the global presence of AI, it is expected that this consultation will consider how the UK policy on copyright works within an international context. Therefore, while the Government are carefully considering this, we must ensure that we do not fast forward to a conclusion before that important work has taken place.

If the Minister can confirm that this definition has no impact on existing copyright law, I will happily withdraw this amendment. However, if there are potential implications on the Copyright, Designs and Patents Act 1988, I would urge the Minister to table her own amendment to explicitly preserve the current definition of “scientific research” within that Act. This would ensure that we maintain legal clarity while the broader international considerations are fully examined. I beg to move.

[The Deputy Chairman of Committees (Baroness McIntosh of Hudnall) (Lab)]

I advise the Committee that, if this amendment is agreed, I cannot call Amendment 61 by reason of pre-emption.

--- Later in debate ---

[Baroness Jones of Whitchurch (Lab)]

Let me put it this way: other things may be coming before it. I think I promised at the last debate that we would have something on copyright in the very, very, very near future. This may not be as very, very, very near future as that. We will tie ourselves in knots if we carry on pursuing this discussion.

On that basis, I hope that this provides noble Lords with sufficient reassurance not to press their amendments.

[Lord Freyberg (CB)]

I thank your Lordships for this interesting debate. I apologise to the Committee for degrouping the amendment on copyright, but I thought it was important to establish from the Minister that there really was no effect on the copyright Act. I am very reassured that she has said that. It is also reassuring to hear that there will be more of an opportunity to look at this issue in greater detail. On that basis, I beg leave to withdraw the amendment.

Amendment 60 withdrawn.