Make It Fair: How UK creative industries are fighting back against Big Tech AI

The rapid technological advancements of the past year have caused a significant global shift, leaving many struggling to keep up. The long-term impact of dominant technologies, particularly artificial intelligence (AI), on specific industries remains uncertain. In the UK, tensions surrounding such a topic have risen in recent months, as the government considers amendments to existing copyright laws that could give AI tech firms a looser rein.

As doubt rises, leading members of the creative industry have banded together to launch the ‘Make It Fair’ campaign, an attempt at raising awareness among the British public about the potential threat generative AI models pose on the UK’s creative industries. The UK government is proceeding with changes that could align it closer with the US and EU, despite the potential “devastating” results they could have on creative businesses and individuals which are said to contribute over 120 billion pounds to the UK economy annually.

What is the government’s current position on copyright and AI?

In comparison to other regions, the UK is drastically behind in addressing uncertainties surrounding intellectual property (IP) and its entanglement with AI. In the tech firm-backed AI Opportunities Action Plan, published by the government in January 2025, it is said that such delays are “hindering innovation and undermining our broader ambitions for AI”. The document read: “The EU has moved forward with an approach that is designed to support AI innovation while also enabling rights holders to have control over the use of content they produce. The UK is falling behind.”

The 10-week consultation period, which focused on trust and transparency between the two industries, coincided with the release of the report. At the crux, lawmakers are looking to potentially change copyright laws so that AI companies can train their models on digital copyrighted material without needing permission from the creator. The proposals are currently being explored with the inclusion of a “rights reservation” system, which would allow creators to opt out of the process. This mirrors the EU’s AI Act, passed in March 2024, which allows industry professionals to have a say on their participation.

If akin to the EU’s own law, however, scrutiny is still palpable, with many questioning the legitimacy and enforceability of an ‘opt-out’ structure. With both the AI and creative sectors cited to be “central to the government’s Industrial Strategy”, however, such proposals were drawn up to “forge a new path forward which will allow both to flourish and drive growth”, the UK’s Intellectual Property Office claimed in a statement.

How could this impact fashion?

While these proposals initially pertain to digitally-accessible content, and therefore have drawn the most concern from the likes of journalists, musicians, authors, filmmakers and photographers, there is also very real concern from within fashion. The industry has a history of weak copyright protection, especially for young and emerging designers and brands, who often lack the resources to secure the same level of legal protection as their more seasoned counterparts, making them particularly vulnerable to counterfeiting. As such, the aftermath of the new potential policy changes could similarly, in the long-run, impact designers whose works appear online, raising concerns of future infringement.

This is already a reality for many, as an increasing number of designers come face-to-face with duplicates of their products that then flood the market via large-scale enterprises. A report by the Daily Mail, one of the British media outlets behind the Make It Fair campaign, highlighted the extent to which such a process already exists.

The platform brought forth the stories of small players like underwear label Wilde Mode, founded by Deborah Breen; women’s clothing designer Fern Davey; and accessories creator Gemma Keith, each of whom have had run-ins with alleged AI-driven, Big Tech counterfeiters. For some, it has prompted considerations of removing their online presence entirely, while for others, it has initiated legal battles. For Breen, the culprit was said to be Shein, the Chinese fast fashion giant known for its swift production cycle.

In her case, Breen consulted lawyers after she found Shein was selling a copy of a 60 pound underwear set she had designed, and while she was ultimately compensated 2,500 pounds for the issue, with Shein then agreeing to remove the dupe from its site, the designer said she was emotionally “crushed”. “The only way Shein could be making copies that quickly, and at that scale, is with the help of AI,” she told the Daily Mail. “How can little guys like me compete with that? It is already putting us out of business.”

The Daily Mail referred to a news story from last year that had initially stated that Shein was using an AI system designed by tech giant NTX Global to potentially infringe on designs. Shein, however, has since retracted the news, telling FashionUnited that the report had been inaccurate and that claims suggesting it uses the technology in this way were not true.

In a statement, the company said: “The allegations that Shein uses AI to search the web for designs to infringe are completely false. Shein takes all claims of infringement seriously. We are continually investing in our review process and, as a result, have seen a substantial decrease in claims. We are committed to driving industry-wide advancement. Shein suppliers and third-party sellers are required to comply with company policy and certify their products do not infringe third-party IP.”

What comes next?

While companies are reaffirming their efforts towards protecting others from potential infringement, the worry is still there. In speaking to the Daily Mail, Keith, who said she was considering moving from online to traditional street markets to avoid counterfeits, said: “Independent designers like me are already in a battle for survival. Allowing Big Tech to take it all for free would be the end.”

Make It Fair hopes to ensure this does not happen, however. Launched on the last day of the government’s AI consultation, February 25, the campaign appeals to the British public to write to their MPs and back creative industries.

In a release, Owen Meredith, chief executive officer of News Media Association, said current copyright laws in the UK have “underpinned growth and job creation in the creative economy”. He added that while the “government proposes to weaken the law and essentially make it legal to steal content, the only thing that actually “needs affirmation is that these laws also apply to AI”.

Meredith continued: “There will be no AI innovation without the high-quality content that is the essential fuel for AI models. We’re appealing to the great British public to get behind our ‘Make it Fair’ campaign and call on the government to guarantee creatives are able to secure proper financial reward from AI firms to ensure a sustainable future for both AI and the creative industries.”