UK Government’s AI ‘free for all’ harms children’s intellectual property

5Rights has raised serious concerns about the UK Government’s proposed changes to copyright law, warning that children’s intellectual property must not be used to develop AI technologies that commercially exploit them.

In December 2024, the UK Government launched a consultation proposing changes to existing copyright and intellectual property (IP) laws. Under this new framework, AI companies would be allowed to use intellectual property and copyrighted works without the express consent of users, including children. The proposals identify mechanisms rights-holders could use to indicate they have given permission. However, they do not explain how children would be supported to give meaningful consent or how they plan to equip them with the necessary understanding of copyright law required to make informed decisions. 

This approach contradicts what children themselves shared with the Government. In a recent consultation, children have expressed concerns about their work being used without their consent. One of the participants stated that it was “not okay to share [homework] – because your schoolwork is your intellectual property, it’s you and you did that. If the AI takes that then you can’t copyright it”.

Despite these concerns, the Government has not conducted a proper assessment of how these changes may impact the rights or needs of children in the digital environment. 5Rights highlighted in our consultation response that the proposals risk legitimising the commercial exploitation of children – allowing for the use of their intellectual property unfairly without their understanding or knowledge. 

The risk to children and their rights is further exacerbated by the Government’s plans to allow AI companies to use children’s intellectual property produced in schools to train their generative tools. Such changes could lead to the same infringements on children’s privacy we have seen in EdTech products.

Without a route to provide explicit and meaningful permission to use their work, children’s rights are at risk. In our response, we call on the UK Government to:

• Bring forward a broader strategy for the protection of children from the risks posed by AI by introducing robust legislation and regulations that allow children to use these systems safely, confidently and independently;
• Consider the impact of children’s intellectual property separately from the intellectual property of adults, recognising that children have a right to be protected from commercial misuse – particularly in a school environment;
• Undertake a thorough child’s rights impact assessment to understand how the policy will align with the UK’s international children’s rights obligations; and
• Ensure that any mechanism used to seek children’s consent is meaningful, age-appropriate and developed alongside children, their parents and teachers – taking into account their views and opinions.

The UK Government’s commitment to AI development cannot come at the expense of children. The proposed changes to copyright and intellectual property laws erode children’s rights and legitimise their commercial exploitation, effectively giving AI companies a ‘free pass’ to use children’s intellectual property without their consent or understanding. 

5Rights urges the Government to rethink its approach to AI and put forward a proposal that prioritises the rights and needs of children in the digital environment.