Key facts
- Senator David Pocock criticized proposed Australian government changes to copyright law that would allow AI companies to train models on creative works by default.
- The proposals are part of the government's effort to attract AI datacentre investment from American tech giants.
- Pocock stated the compromise would "throw protections for creatives and copyright holders under the bus."
- Under one proposed option, AI companies could gain access to unprotected online material if they strike deals with enough businesses.
- Another option suggests AI companies could secure access rights through deals with creators' rights holder organizations, even for non-members.
- The government stated that future copyright changes would ensure "meaningful control and fair compensation" for creators.
The Australian government is reportedly considering changes to copyright law that would allow artificial intelligence companies to train their models on Australian creatives' works by default, a move criticized by independent senator David Pocock as detrimental to creators' rights. These proposals are part of an effort to attract significant datacentre investment from American tech giants.
Pocock argued on Tuesday that such a compromise would prioritize AI companies' interests over those of everyday Australians and copyright holders, placing the burden on creators to defend their existing rights. He described the proposals, contained in a document titled “AI on Australian Terms,” as a potential opt-out system for creators.
AI companies have sought access to online content for model training, but Australian copyright rules currently present barriers. The government's consultation document suggests that voluntary deals with individual creators are unrealistic and proposes requiring rights holders to "digitally protect" their material, a measure deemed infeasible by some. One option under consideration would grant AI companies access to unprotected online material if they secure deals with enough businesses, while another would extend rights from deals with industry organizations to cover non-members.
Despite these considerations, Australia's industry minister Tim Ayres stated on Monday that forthcoming AI rules would not involve a reduction in copyright protection. Deputy Prime Minister Richard Marles acknowledged the opportunity to collaborate with tech firms was significant for Australia's economy but stressed it must be on terms aligned with national interests. He confirmed discussions with tech companies in San Francisco.
Greens senator Sarah Hanson-Young condemned any weakening of copyright laws, stating that all Australians deserve to be paid for their work and that big tech should not profit from using their content for free. Musicians, writers, and artists have previously lobbied against weaker copyright laws amid reports of AI companies offering substantial datacentre investments in exchange.
OpenAI's vice president for global policy, Ann O'Leary, met with Australian ministers this week. She reportedly stated that the company could not proceed with discussions on local model training without addressing copyright barriers, a comment later described by The Australian newspaper as an "ultimatum." Marles suggested the newspaper was overstating O'Leary's remarks, and OpenAI has requested a correction from the paper. Assistant technology minister Andrew Charlton affirmed that he had not seen any ultimatum and would reject one, emphasizing support for Australian artists' control and compensation.