The Data (Use and Access) Bill has finally been passed, after last minute attempts by the House of Lords to prolong the Parliamentary game of ping pong in order to protect the rights of copyright holders were withdrawn.

We have commented on the saga surrounding the passage of the Bill at numerous points in recent weeks (see, for example, here). Accompanied by pressure on the Government from household names in the creative industries, the House of Lords introduced various amendments to the Bill in order to ensure that copyright holders were protected against the unauthorised use of their works by AI developers.

Last week, Parliament entered near-unchartered territory as the House of Lords ‘insisted’ on its most recent amendment to the Bill, meaning that there was a risk that the Bill could fall entirely.

On its return to the House of Commons, the Government reasserted its position that the Bill was not the proper place to introduce new laws relating to AI and copyright, as that was a matter under consideration in its recent consultation (which we discussed here). Instead, concessions were offered in the form of, for example, the establishment of a cross-party group made up of MPs and peers to act as a “sounding board”. It is fair to say that those in support of the Lords’ amendment in both Houses of Parliament were not impressed with the concessions, and when the matter returned to the House of Lords there was significant consternation at the stubborn approach of the Government in not wanting to find a workable compromise.

Baroness Kidron, whose has led the way in the House of Lords, stuck to her commitment not to introduce a further amendment. However, in a surprise twist, Lord Berkeley introduced his own amendment which would have seen the Copyright, Designs and Patents Act 1988 amended to impose on AI developers an obligation to disclose their use of and means of access to copyright-protected works.

Despite receiving considerable support during the debate in the House, Lord Berkeley ultimately withdrew his amendment, explaining that “I have decided on this occasion that enough probably is enough. I think we have made our point. I do so hope the Government will listen. I trust them to listen and to improve matters as far as the creatives are concerned. We can only do so much here. I believe we have done it. It is up to the Government and the other place now to listen”.

As a result, the Data (Use and Access) Bill awaits Royal Assent.