Artificial intelligence (AI) is revolutionising our relationship with cultural heritage, enhancing access to, engagement with and preservation of collections and heritage sites. AI is also being used as a valuable research tool in the context of heritage collections. However, as materials protected by copyright may be used in AI development, training and use, copyright law can become an obstacle to important AI deployments in the heritage sector, an area which is currently understudied from the United Kingdom (UK) perspective. This article explores the intricate interplay between cultural heritage, AI and copyright law, demonstrating the main copyright law and policy challenges facing cultural heritage professionals and researchers in using AI in the UK for heritage research. It highlights the complexity and uncertainties as regards the current Text and Data Mining exception in the UK Copyright, Designs and Patents Act 1988 (UK CDPA), emphasising the need for an improved legal framework that balances copyright protection with the benefits of AI for cultural heritage research and management. It also reveals the underrepresentation of the heritage sector in AI regulation and copyright policy discussions in the UK. This exploration underscores the imperative for an inclusive policy dialogue that considers the perspectives and evidence of the cultural heritage sector in its full breadth and diversity (including related researchers) in shaping copyright law reform and AI regulation, and for further research to be carried out in this field.
Westenberger et al. (Tue,) studied this question.