Equity’s Paul W Fleming: Why Labour’s AI Copyright Plan Puts Creatives at Risk

Paul W Fleming on Labour’s AI Plan: “Legalise Theft” of Creatives’ Work

Paul W Fleming, general secretary of Equity—the UK’s leading union for performing arts and entertainment workers—delivers a stark warning about the threat AI poses to creatives. He criticizes the Labour Party’s AI proposals as effectively legalizing the theft of artists’ work.

AI Is Here, and It Must Be Regulated

Fleming is clear: AI technology cannot be stopped nor ignored, but it must be properly regulated. Equity represents a highly unionized sector, with 75% union density across workplaces and 95% of TV and film productions covered by agreements. Yet, AI introduces new challenges that existing frameworks don’t address.

He points out that over 30% of radio adverts are already AI-generated, sometimes using artists’ voices without permission. For many low-paid creatives—earning on average just £15,000 a year—this is a frightening reality. Members have reported hearing their own AI-generated voices in multiple commercials without additional pay.

Negotiations and Industrial Action on AI and Royalties

Equity seeks to build on the 2023 Hollywood Sag-Aftra agreement, which included some protections against AI use but did not fully prevent AI training on performances. Fleming has been negotiating with the UK production body Pact for over a year and is prepared to consider strike action if key demands aren’t met.

The union’s proposals are ambitious:

• Restructuring royalty payments to cover both creative output and input
• Introducing environmental “green riders” to make productions more sustainable
• Reforming pre-audition processes like “self-tapes” that can disadvantage certain artists
• Segmenting AI technologies to address their different impacts on rights and employment

Fleming emphasizes that AI covers a range of technologies—from replicating an artist’s likeness via body scans to creating generic characters. Each raises distinct rights issues, requiring tailored agreements. Currently, no global agreement handles this complexity.

Urgent Concerns Around Video Games and Data-Scraping

Fleming warns video game performers receive no ongoing payments for voice or likeness, a practice he fears could spread to film and TV. He also highlights “data-scraping,” where artists’ work and likeness are scanned without consent or payment—essentially stolen intellectual property.

Government’s Approach: Disappointing and Misguided

The UK government supports a copyright exemption allowing AI developers to train models on large datasets unless creators opt out. Critics, including Fleming, argue this places an unfair burden on creatives to protect their work, effectively legalizing theft.

Fleming is frustrated by what he sees as the government’s “fetishisation” of big tech’s AI ambitions without clear justification. “They have broken the law. They have stolen our members’ work,” he says. Instead of tackling this head-on, the government proposes legislation that could legalize these actions.

He contrasts this with the more constructive engagement he experienced under former digital minister Julia Lopez, who met regularly with Equity. Since then, ministerial engagement has been less effective, with meetings delayed despite representing 100,000 creative workers.

Post-Brexit Challenges and Cultural Recognition

Equity hoped for concrete action at the UK-EU summit to ease travel barriers for performing artists post-Brexit. Instead, the summit produced only vague statements about cultural exchange. Fleming sees this as part of a broader problem: the creative industries are treated as an afterthought rather than a key sector.

He criticizes the tendency to view arts mainly as an educational tool or social good, ignoring its economic impact. Nighttime economies, regional theatres, and film productions contribute significantly but lack recognition in industrial strategy discussions.

Union Growth and a Clear Vision for the Future

Fleming was re-elected with 81% of the vote and leads a union of 50,000 members, the largest in culture and 12th overall in the UK. Raised in a working-class family and educated at Oxford, he sees more impact as a trade union leader than as a politician, having served briefly as a local councillor.

He remains a Labour member but opposes formal union affiliation with the party, arguing it harms both. Instead, he advocates for a political fund to support candidates across parties or none, focusing on local government where creative workers have more influence.

Supporting Members Beyond Work

Equity runs an in-house tax and social security service. Over 80% of its work now involves social security support, helping members with housing, child support, and Universal Credit (UC). Fleming is critical of UC’s minimum income floor, which penalizes self-employed artists.

He praises Scotland’s grant scheme, which provides artists with funding to live and create without rigid work hours. Such support recognizes the realities of creative work and encourages experimentation.

Changing Perceptions: Artists Are Workers Too

Fleming himself is not a performer and doesn’t idolize stars. When he first negotiated better pay and benefits for theatre workers, some members resisted, seeing improvements as “awful.” He learned that many artists embrace their identity but struggle to see themselves as workers deserving fair treatment.

The industry often romanticizes low pay and bohemian lifestyles, undermining solidarity. Fleming stresses stability and dignity improve artistic output—an unpopular message with some funders and employers.

A Moment for Government Action

Past Labour governments made landmark contributions, such as founding the Arts Council and appointing dedicated arts ministers. Fleming calls on the current government to seize the opportunity to renew the Arts Council’s charter and adopt a strong industrial agenda for creatives.

He reminds us that putting on a play is not a slow infrastructure project; it’s a fast way to create growth and cultural value.

For creatives navigating AI’s impact on their work, understanding these developments is crucial. Ensuring proper regulation and fair compensation will protect your rights in an evolving industry.

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