The Attorney-General’s Department has proposed an ‘opt-out’ model for AI and copyright. Photo: Michelle Kroll.
Labor is considering an ‘opt-out’ model that would allow tech giants to automatically use Australian copyrighted work for AI training unless the creators of that work specifically refuse permission.
Without decisive, proactive moves by artists and writers, AI firms could use their work at will without paying.
Another option the Federal Government is mulling over is allowing the AI tech companies to reach agreement over using creative work with just a “minimum number of companies ” before all work online becomes open slather.
These options are both detailed in a document prepared by the Attorney-General’s Department called AI on Australian Terms, excerpts of which have been leaked to some media outlets this week.
It has sparked outrage across the parliament, with the Opposition and much of the crossbench accusing the government of going back on its word to protect Australian work from being freely mined by AI.
It comes the same week as OpenAI vice-president of global policy, Ann O’Leary, said her company had concerns about investing in Australia because of its copyright restrictions.
The Greens say it now appears AI companies are trying to blackmail Australia and the government is letting it.
“Why should people have to opt-out of their work getting stolen,” Greens senator Sarah Hanson-Young said on Wednesday (16 September).
“Big AI is holding a gun to the Albanese Government’s head and proposing that the price is our water, our energy, and our culture and that we have to hand over this for free and without protection.”
Senator Hanson-Young labelled the opt-out model a “cop-out” model and said it was a “delusion”.
She has called for a pause on the development of AI data centres and infrastructure in Australia.
“It is the role of the government to protect the interests of Australian workers and businesses,” she said.
“Undermining the principles of copyright will only serve the interests of big tech companies.”
In October last year, Attorney-General Michelle Rowland said there were “no plans to weaken copyright protections when it comes to AI’’ and more recently, in July this year, Prime Minister Anthony Albanese said there would be no exemption allowing AI companies to train on Australian content without permission.
Shadow Attorney-General Senator Michaelia Cash said the leaked documents belie the government’s real intent.
She said both options put forward “flip the most basic principle of the Copyright Act 1968 on its head”, with the opt-out one allowing AI companies to take anything online unless the owner has first installed technical protections to keep them out.
“The Albanese Government has been caught lying again. Judge them by what they do, not by what they say,” Senator Cash said.
“This is a text and data mining exception with an opt-out bolted on. It is precisely what the government said it had ruled out.”
She said the second option was even worse and totally ignores copyright laws.
“The Coalition wants Australia attracting the world’s best technology companies, but you do not attract investment by simply giving away Australians’ intellectual property,’’ Senator Cash said.
“Australian creators and media companies own their work and should receive fair compensation when AI companies use it.”
Shadow communications and digital safety minister Sarah Henderson said Labor must release the full document and let Australians know which model it prefers.
“Anthony Albanese made a promise to Australia’s creative and media sector. His own Attorney-General’s Department has been quietly drafting the terms of its betrayal,” she said
“This has all the hallmarks of a dirty deal to hand the intellectual property of Australian creators to global AI giants.
“Once those rights are surrendered, they may never be recovered.”
Independent ACT senator David Pocock also criticised the opt-out model.
He said if the government went down that path it would “upend copyright as we know it” in Australia.
“I really think this is throwing creatives under the bus,” Senator Pocock said.
“A one-stop express bus to data centres, and I think we should do better as a country … This should be a negotiation, and we should not be just throwing creatives’ copyright away because we’re desperate for investment to somehow prop up GDP.”
Tasmanian independent Jacqui Lambie said Labor better not sell out Australian artists and writers by watering down copyright laws for the benefit of AI firms.
“Every time big corporations get a sniff of any regulation they threaten to leave the country,” Senator Lambie said.
“They tried this on in the UK, but the British government told them they wouldn’t change their copyright laws.
“They are trying it on here; big tech is trying this on all over the world. They’re like dinosaurs in Jurassic Park; they’re testing the fences.”
