AI and copyright: New licensing opportunities for members

AI is changing how content is discovered, analysed and used. While there has been much focus on large overseas AI companies training models on creative works without permission or payment, the good news is that opportunities are emerging for licensed and paid use of content.

Copyright Agency is developing collective licensing solutions that would allow members to participate in licensed use of their works in other types of AI activity on a voluntary, non-exclusive basis. These opportunities are designed to support fair payment, transparency and appropriate safeguards for rightsholders, while helping businesses use trusted content responsibly in AI systems.

This follows earlier member consultations and implementation of an extension of Copyright Agency’s annual business licence to allow staff of businesses to include third-party content in prompts in AI tools used in the workplace.

How are AI models using content?

There are several ways content may be used in AI systems, including:

  • helping AI tools retrieve reliable and trusted information to answer questions
  • improving the quality and relevance of AI outputs
  • refining or adapting existing AI models for specialist industries
  • developing or training AI models

These activities are already occurring in sectors such as healthcare, finance, law, education and research.

What types of AI uses are being explored for licensing opportunities?

Copyright Agency is consulting with members about licensing for two broad categories of AI activity.

Reference content (including Retrieval Augmented Generation or ‘RAG’)
This involves making trusted content available to an AI system so it can retrieve or reference information when responding to prompts or queries.

For example:

  • a legal AI assistant retrieving licensed journal articles
  • a healthcare chatbot referencing trusted media publications
  • an enterprise AI tool using licensed news or research content to improve outputs

In these cases, the content is generally not absorbed permanently into the model itself. Instead, it helps the AI system provide more accurate, grounded and up-to-date responses.

AI model development
This involves using content to develop or improve AI models.

Examples could include:

  • developing a small or large language model
  • refining a language model for particular application using specialist content

While many creators remain concerned about the use of their works for AI training in other countries without compensation, we’re focused on developing legal, transparent and paid opportunities.

What opportunities could this create for members?

The AI market is rapidly evolving, and there’s a growing demand for high-quality, rights-cleared content. Potential benefits for members may include:

  • new revenue streams from licensed AI uses
  • participation in sector-specific AI licensing programs
  • opportunities to participate in pilot programs
  • greater visibility and control over how content is used in AI environments

Copyright Agency is exploring collective licensing solutions that could complement direct commercial deals already being negotiated by some larger publishers and rights holders.

Safeguards to protect members

Any future licensing framework would include conditions and guardrails designed to protect member’s interests, such as:

  • fair payment to members
  • transparency about how content is used
  • requirements that content is lawfully accessed
  • technical and security protections
  • restrictions on outputs that compete with members’ own products and services
  • contractual controls to ensure licensee compliance

Participation will be voluntary and non-exclusive.

What happens next?

We will be contacting members soon to ask if they may be interested in participating in any collective licensing solutions for AI.

In the meantime, please see our FAQs and AI Glossary for more information.

Please don’t hesitate to contact Member Services if you have any questions.

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