AI copyright laws to protect creatives from data mining as Labor blocks free use of works

Australian creatives have called on the government to seize the opportunity to set an ethical and sustainable standard for AI development, as it rules out allowing developers to mine creative works without payment or permission.

Writers, musicians and other creatives will be consulted alongside tech industry representatives on potential copyright laws in relation to AI.

A Copyright and AI Reference Group (CAIRG) will discuss three priority areas - fair use for copyright material in AI, a potential paid collective licensing framework and enforcement mechanisms.

The work is part of an effort to ensure Australia is prepared for future copyright challenges emerging from AI, so creators are protected and supported while unlocking new uses of copyright material.

The way AI systems had been developed so far was the greatest act of copyright theft in history, Australian Society of Authors chief executive Lucy Hayward told AAP.

“There is not a lot of transparency from these companies, but we know huge amounts of data have been ingested by AI tools from whatever is available on the internet, including pirated books,” she said.

“Authors should have the right to say yes or no for how their work is used and to be compensated fairly if they agree that their work can be used.”

Ms Hayward said the government had a landmark opportunity to set an ethical and sustainable standard for AI development in Australia.

“(Creators’) work is being relied upon to fuel some of the most transformative technology in generations,” she said.

“It is only fair that they should be compensated for their work.”

Multiple tech companies have called for the introduction of a broad text and data mining exception in Australian copyright law.

This would allow AI developers to use the work of Australian creators to train their systems for free and without permission.

Such an exception would have given AI developers a “free pass” and legitimised the copyright theft that had already taken place, Ms Hayward said.

The government had ruled out an exception and had no plans to weaken copyright protections in regards to AI, Attorney-General Michelle Rowland said.

“Artificial intelligence presents significant opportunities for Australia and our economy, however it’s important that Australian creatives benefit from these opportunities too,” she said.

“The tech industry and the creative sector must come together and find sensible and workable solutions to support innovation while ensuring creators are compensated.”

APRA AMCOS chief executive Dean Ormston said the organisation, which represents more than 128,000 songwriters, composers and music publishers across Australasia, was ready to work constructively with tech companies to develop a licensing agreement.

“Tech platforms are shopping for jurisdictions that will water down copyright legislation so that they can find ways to avoid paying creators while profiting from their cultural IP,” Mr Ormston said.

“It’s time for tech companies to stop delaying and start licensing discussions covering both the input and output of creative materials in AI platforms.”