The British Equity Collecting Society (BECS) – a collective management organisation founded in 1998 to enforce performers’ audio-visual rights in the UK – has acted on behalf of its more than 32,000 members by invoking the opt-out mechanism of the EU’s Directive on Copyright in the Digital Single Market (CDSMD).

Article 4 of the CDSMD provides for a general text and data mining (TDM) exception for “reproductions and extractions of lawfully accessible works and other subject matter”. This has in many respects provided the legal foundation for AI developers to train on copyright-protected works.

However, Article 4(3) CDSMD sets out an exception in cases where works have been “expressly reserved by their rightsholders in an appropriate manner”. Through this mechanism, the law seeks to strike a balance between protecting rightsholders on the one hand, and allowing AI companies to develop their models on the other. A similar mechanism is explored – and was initially identified as the Government’s preferred option – in its consultation on copyright and AI (discussed here).

Perhaps offering a preview of what the Government might expect if a similar mechanism were introduced in the UK, BECS has responded to a recent vote of its members by formally exercising the opt-out from the TDM exception under Article 4(3). It states that “rights of use of its members’ audio-visual performances for text and data mining (TDM), including in the context of training artificial intelligence systems” are reserved, and that such use is only permitted with express prior authorisation.

Commenting on the decision, Tayyiba Nasser, CEO of BECS, said, “our performers pour their craft, their voice, and often a part of their identity into the work they create. That work should never be taken for granted.  This opt‑out makes our position unequivocal: our members’ performances cannot be reproduced or repurposed without clear authorisation, fair remuneration, and full transparency. We support innovation, but it must respect the people whose creativity fuels it. We urge policymakers and developers to work with us to put those principles at the heart of how AI is built and deployed.”

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