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Start with a rights audit, not a price
Before discussing money, identify every work, contributor and right involved. A single creative item can contain several separately controlled elements. The UK government gives the example of a song: the composition, lyrics, sound recording, producer’s contribution and performers’ rights may belong to different people. The same separation can apply to a book with illustrations, a photograph commissioned by a client, software containing third-party code, or a video using licensed music.
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Inventory the material
- List each title, file, version, edit, translation, recording, image, code repository or other asset that would enter the proposed dataset.
- Record all authors, co-authors, performers, photographers, illustrators, producers and other contributors, together with their ownership shares where those are divided.
- Separate copyright in the underlying work from related rights in recordings, performances, broadcasts, databases, trademarks, privacy interests or contractual confidentiality.
- Note whether the material is original expression. Copyright generally protects expression in writing, music, images, software, web content, recordings, films and broadcasts, but does not generally create ownership of facts, methods or ideas as such.
Read every agreement that could have moved control
Check publishing, recording, agency, employment, commissioning, platform, distribution and assignment contracts, as well as any collective-management mandate. Look for language covering “training,” “machine learning,” “text and data mining,” “synthetic media,” “derivative works,” “digital replicas,” or broad future uses. AI permissions may be hidden inside a general grant or a vague provision. Pay particular attention to exclusivity, territory, term, sublicensing, assignment and authority to grant new permissions.
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Do not offer rights you do not control. If a publisher has an exclusive licence, an employer owns work made under an employment agreement, or a co-author must consent, obtain that party’s approval or limit the proposal to rights that remain yours. Keep written evidence of the chain of title; a developer will often require warranties that you have authority to license the material.
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Define what “AI training” means in the deal
“Training” can describe several technically and commercially different activities. Put the permitted acts in plain language rather than accepting an open-ended grant. Ask the developer to identify:
- Whether the files may be used for initial pre-training, fine-tuning, evaluation, retrieval-augmented systems, safety testing, or later model updates.
- Which named models, model families, products and internal research systems are covered.
- Whether the material may be copied, transformed, tagged, translated, de-duplicated or combined with other datasets.
- Whether the licence covers commercial services, non-commercial research, or both.
- Whether outputs may reproduce, paraphrase, imitate or otherwise draw on protected expression, and what safeguards or complaint process apply.
- Whether affiliates, contractors, customers or cloud providers may access the files.
- Whether assignment or onward sublicensing is allowed, and if so, on what conditions.
Specify the files and versions by schedule or a durable catalogue reference. Define what happens to copies, embeddings, checkpoints, fine-tuned weights and evaluation records when the term ends. If you intend to allow only a particular model or product, say so; “all present and future systems” is a materially broader grant than a licence limited to one service.
Who is entitled to grant permission?
Authorship may establish an initial claim, but it does not prove that you still control the right needed for a particular use. Rights can be assigned or licensed to a publisher, producer, employer, agency or collective management organisation. A work can also be jointly owned, or contain a third party’s material under a licence that excludes AI uses.
| Situation | What to verify before offering an AI licence |
|---|---|
| Solo creator with no prior grant | That the work is yours, no contributor has retained a separate right, and no platform terms grant an exclusive or conflicting licence. |
| Co-authored or collaborative work | Each contributor’s share, consent requirements and authority to license the whole work or only your portion. |
| Employee-created material | Employment and invention/creative-work clauses, policies incorporated by reference, and any employer reservation of rights. |
| Commissioned work | The commissioning contract, payment terms, assignment language and any client approval required for new uses. |
| Publisher, label, agency or distributor arrangement | Exclusivity, existing digital-use grants, sublicensing power, territory, term and whether AI or text-and-data-mining rights are included. |
| Collective-management mandate | The organisation’s repertoire, mandate for AI uses, opt-out or withdrawal rules, deductions and distribution method. |
| Work containing third-party elements | Whether each embedded image, sample, font, code component, performance or recording permits training and commercial sublicensing. |
When the answer is unclear, pause the negotiation and obtain advice in the relevant jurisdiction. A contract review is usually more useful than relying on a general statement that “the creator owns the copyright.”
What the law currently says depends on place and date
Copyright is territorial. The law where copying, processing, communication or another relevant act occurs generally matters, and an online work can be processed in several countries. A model trained abroad therefore raises questions that the creator’s home-country law may not answer. Identify the countries involved, the location of the developer and processors, the intended market, and the law chosen in the contract.
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United Kingdom
The UK Government’s Copyright and Artificial Intelligence consultation, updated March 19, 2026, states: “At present, the application of UK copyright law to the training of AI models is disputed.” Its general explanation is that copying a protected work for training normally requires permission unless an exception applies. It describes exceptions relevant to some AI and data-mining activity, including temporary copying and non-commercial research text-and-data mining.
Do not treat the consultation’s policy options as enacted law. The options included requiring express licences, creating a broad text-and-data-mining exception, and creating an exception combined with rights reservation and transparency measures. A later progress statement said the government was preparing a report and economic impact assessment; the 2026 report is policy analysis, not a new statutory permission. Check current legislation and case law before signing.
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The UK report summarises two EU text-and-data-mining exceptions: one for scientific research and a general-purpose exception that includes rights reservation. Both require lawful access. For the general exception, an online reservation must be machine-readable. Interpretation remains unsettled in some respects, so check the applicable EU instrument, national implementation and current guidance for the specific work and use.
A 2026 European Parliament resolution calls on the Commission to facilitate voluntary, sectoral collective licensing where appropriate, make it accessible to individual creators and small and medium-sized enterprises, encourage good-faith negotiations and transparency, and respect refusals by right holders. That is a policy resolution, not proof that a creator has an enforceable payment route or that a particular licensing service is available.
United States
The U.S. Copyright Office’s official artificial-intelligence page lists Part 3, Generative AI Training, as released in pre-publication form on May 9, 2025, with a final version expected. That page does not decide whether a particular creator’s work may be used or what the creator should be paid. U.S. fair-use analysis remains fact- and case-dependent; there is no settled blanket permission or blanket prohibition that answers every training use.
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Other territories and cross-border projects
For other countries, identify the acts and locations that matter instead of extrapolating from UK, EU or U.S. rules. Ask which country’s law governs the licence, where copies and processing occur, and whether local exceptions or rights-reservation mechanisms apply. Obtain territory-specific advice for a significant catalogue or a multinational model.
Choose a direct deal or a collective route
You may approach an AI developer directly or work through a party that already administers rights, such as a publisher or collective-management organisation. The UK report notes that collective licensing can be efficient for large repertoires and convenient for both right holders and licensees. It also notes that AI-focused aggregation and licensing services are emerging, while their ability to meet demand is not yet clear.
| Question | Direct licence | Collective or intermediary route |
|---|---|---|
| Who negotiates? | You and the developer, or your appointed representative. | An organisation or service acting under a mandate covering your works and rights. |
| Scope | Can be tailored to named works, models, products, territories and terms. | May aggregate many works under a standard or sectoral framework; confirm whether individual exclusions are possible. |
| Leverage and administration | More control over wording, but you handle diligence, negotiation and monitoring. | Potentially greater catalogue leverage and less individual administration, subject to eligibility and fees. |
| Payment | Formula, guarantees and timing are negotiated with the developer. | Distributions follow the mandate’s formula after stated deductions or administrative charges. |
| Rights reservation and withdrawal | Can be written into the contract and tracked directly. | Verify who can reserve, exclude or withdraw works and how quickly changes take effect. |
| Transparency | Seek reports, records and audit rights from the licensee. | Seek both licensee-use reporting and the intermediary’s distribution statements. |
Due diligence for an intermediary
- Confirm that it actually represents you and list the works, territories and rights in its repertoire.
- Ask whether its mandate expressly covers AI training, fine-tuning, evaluation and related uses.
- Determine whether participation is voluntary or blanket, and whether you can exclude individual works.
- Read the share, deductions, administrative charges, payment schedule and treatment of unmatched or disputed uses.
- Ask how licensees report usage, how distributions are calculated and whether you can inspect records.
- Check the process and notice period for revoking or changing the mandate, and what happens to licences already granted.
The UK report emphasises that the party controlling a rights reservation may be a licensee rather than the original creator. An organisation must therefore be able to reserve member rights effectively, not merely promise that it will do so.
Build a payment proposal without inventing a “standard rate”
No universal individual-creator rate card is established by the official material reviewed here. Do not convert a large publisher deal or an aggregate licensing figure into a personal per-work price unless the rights, scope, duration, territory and bargaining context genuinely match.
Payment structures to put on the table
- Fixed fee: one amount for a defined catalogue, term and permitted uses.
- Per-work or per-use payment: a stated amount tied to each accepted work, ingestion event or other measurable use.
- Revenue share: a percentage of a clearly defined revenue base, with exclusions and deductions listed.
- Minimum guarantee: a floor payable even if usage or revenue is lower than forecast, potentially combined with a share.
- Hybrid: an upfront or minimum amount plus usage-based or revenue-based payments.
These are negotiation choices, not evidence that any model is customary or that a developer must accept it. Your leverage depends on the uniqueness and demand for the catalogue, the rights you control, the requested exclusivity, the developer’s alternatives and the cost of monitoring.
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Define the calculation and the accounting
Write the payment formula so two people using the same records would reach the same result. Specify the reporting period, data fields, currency, tax treatment, payment date, reserve for refunds, treatment of affiliates and customers, and the event that triggers payment. If compensation depends on revenue, define gross or net revenue, permitted deductions, currency conversion and whether related-party transactions are included. If it depends on usage, define a countable event and how failed, duplicated or test runs are treated.
Require periodic statements and records sufficient to verify them. Negotiate a reasonable audit right, notice and correction period, interest or other remedy for underpayment, and a process for disputed calculations. State whether a renewal, new model, materially expanded product or new territory requires a new fee rather than silently extending the original amount.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.Contract terms that protect scope and control
- Authority and inventory: attach the catalogue, versions, contributors, ownership shares, existing licences and restrictions. Separate text, illustrations, photographs, compositions, lyrics, master recordings, performances and other rights where relevant.
- Purpose and process: name pre-training, fine-tuning, evaluation, retrieval, updates, safety testing and output-related uses that are allowed. State whether the developer may combine the material with other data and whether commercial use is permitted.
- Models and products: identify covered models, services, research environments, affiliates, contractors and cloud processors. Require notice or consent before adding materially different systems.
- Territory and term: specify countries, start and end dates, renewal mechanics and what happens to retained copies, checkpoints, weights and derived records at termination.
- Exclusivity: say whether you remain free to license the same works elsewhere. If exclusive, narrow the exclusivity by work, use, product, territory and time, and set a meaningful minimum payment or performance condition.
- Assignment and sublicensing: require disclosure of downstream licensees and state whether customers may train their own systems or use outputs commercially.
- Attribution and metadata: state whether creator credit, provenance data, notices and file metadata must be retained. The UK report records concerns that metadata may be stripped or replaced.
- Reporting and audit: define statements, records, delivery frequency, retention period, audit scope, confidentiality and correction of errors.
- Assurances and security: address the licensee’s authority, access controls, incident notification, deletion or return procedures, and handling of unauthorised access.
- Complaints and remedies: specify how to report unauthorised use, alleged infringement, harmful impersonation or output concerns; include escalation, suspension, indemnity where appropriate and termination rights tailored to the applicable law.
- Governing law and disputes: choose a forum carefully, especially for cross-border processing, and provide a practical route for urgent injunctive relief or payment disputes.
Avoid an “all rights, all media, forever, for any purpose” grant unless you have consciously priced and accepted that breadth. Undefined future-use language can give away the very control you intended to preserve.
Rights reservations and opt-out signals
A rights-reservation notice, machine-readable tag or platform setting can communicate that you do not consent to certain text-and-data-mining uses. In the EU general exception described above, an online reservation must be machine-readable. Technical controls may involve cost and monitoring, and metadata can be removed or replaced during copying.
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A signal is not a universal ownership rule, a guaranteed block on every use or a promise of compensation. Its legal effect depends on the jurisdiction, the exception, the way the work was accessed and the technical method used. Keep evidence of the notice, its date, the URL or file version to which it applied, and any platform or intermediary acknowledgement. If exclusion matters, seek a contractual commitment and a practical removal or deletion process in addition to a signal.
A negotiation workflow you can follow
- Map the rights: create the inventory and contract file described above; flag uncertain, jointly owned or third-party material.
- Identify the counterparty: verify the developer, its affiliates, processors, products and the countries in which copying or training will occur.
- Issue a controlled proposal: describe the catalogue, permitted acts, prohibited acts, term, territory, exclusivity and a payment structure. Do not send unrestricted high-resolution files before authority and security are established.
- Request a technical description: ask how files are ingested, retained, transformed, associated with model versions and removed at termination.
- Negotiate economics and control together: trade scope, exclusivity and term against fee, minimum guarantee, reporting, audit and renewal terms rather than negotiating a headline price alone.
- Document changes: use a marked-up agreement and a final schedule listing every work, version and permitted model. Oral assurances about “not using it for anything else” are not a substitute for written limits.
- Verify authority before signing: have a qualified lawyer or rights professional review assignments, warranties, indemnities, governing law and tax consequences in the relevant territory.
- Monitor performance: calendar reporting dates, renewal notices, reservation changes, audits and termination deadlines. Compare statements with your catalogue and retain evidence of discrepancies.
Common failure modes and how to recover
You discover an old exclusive grant
Stop offering the affected right. Read the exclusivity, sublicensing and future-use clauses, then ask the existing licensee whether it can approve, amend or carve out AI uses. If only some elements are encumbered, redesign the catalogue around the rights you can actually grant.
The developer asks for “all data forever”
Separate ingestion from continuing use. Request a named purpose, model and product list, a term, deletion or disablement steps, limits on affiliates and customers, and a renewal payment. If the developer will not identify those basics, you cannot reliably price or monitor the grant.
Payment depends on an undefined “net revenue” figure
Ask for the calculation base, permitted deductions, affiliate treatment, currency conversion, reporting records and audit rights. Replace an uncheckable percentage with a fixed fee, minimum guarantee or a hybrid with objective usage data if necessary.
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Do not assume aggregation is safer than a direct deal. Request the mandate, fee schedule, distribution rules, reservation process, revocation notice and treatment of existing licences. If those terms are unavailable, the route is not transparent enough for an informed decision.
You receive a rights complaint after licensing
Preserve the contract, catalogue, provenance records and correspondence. Notify the licensee under the agreement, suspend disputed material if the contract permits, and obtain advice about ownership, indemnity and jurisdiction. Do not make a new admission of infringement before understanding which contributor or licence is implicated.
What the public consultation figures do—and do not—show
The UK Government reported a little over 11,500 responses to its 2025 copyright-and-AI consultation: 10,112 through the online survey service and more than 1,400 by email. Eighty-eight percent of online survey respondents supported the option requiring licences in all cases. The government noted that the distribution partly reflected the large number of individual creators and creative-industry responses; it is not a representative public poll and does not establish a market price.
The same 2026 government report quotes UK Music saying that “voluntary, market driven licensing is a proven model that allows for rightsholders to negotiate their own terms and retain control of their works.” That is the respondent’s position, not a government finding or a guarantee that a developer will negotiate with every creator.
Questions to settle before you sign
- Which exact works and rights do I control today, and which are subject to another contract?
- What countries, models, products, affiliates, customers and processors are included?
- Does the permission cover training only, or also retrieval, fine-tuning, evaluation, updates and output uses?
- Is the grant exclusive, transferable, sublicensable or perpetual?
- How is payment calculated, reported, audited and renewed, and what is the minimum amount if usage is low?
- Can I reserve or withdraw individual works, and what happens to existing model weights and copies?
- What security, attribution, complaint, deletion and dispute provisions apply?
- Which law and forum govern, and have I obtained advice for every material territory?
This article provides general information, not individual legal advice. Contracts, rights bundles, bargaining positions and applicable rules differ. Re-check live legislation, court decisions, the final U.S. Copyright Office report and the current terms of any intermediary before relying on them in a deal.
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