Credit: Akshika Singh via Unsplash
The federal government, fresh from firmly rejecting a proposal to give AI technology billionaires free access to Australian content, is looking at possible reform of copyright laws.
Attorney general Michelle Rowland said the government stands behind Australia’s creative industries by ruling out a text and data Mining exception to the Copyright Act.
“While the government is not considering a text and data mining exception, work is underway to ensure that Australia is prepared for future copyright challenges emerging from AI – so that Australian creators are protected and supported while unlocking new uses of copyright material,” she said.
The Productivity Commission had proposed a change to copyright law to include a fair dealing exception that would cover text and data mining without permission from copyright owners.
And Atlassian co-founder Scott Farquhar, in a National Press Club address in July, had said that Australia's copyright rules are a barrier to many AI companies training or hosting their models in Australia.
Canberra is convening its Copyright and AI Reference Group this week, exploring fair and legal avenues for using copyright material in AI.
This could mean a collective licensing framework under the Copyright Act specifically for AI.
Or the group may prefer to maintain the status quo through a voluntary licensing framework.
The group will also explore opportunities to clarify or update how copyright law applies to material generated through the use of AI.
And it will look at ways to make it easier to enforce existing rights through a potential new small claims forum to address lower-value copyright infringement.
“Artificial Intelligence presents significant opportunities for Australia and our economy, however it’s important that Australian creatives benefit from these opportunities too,” Rowland said.
“Australian creatives are not only world class, but they are also the lifeblood of Australian culture, and we must ensure the right legal protections are in place.
“This government has repeatedly said that there are no plans to weaken copyright protections when it comes to AI.
“The tech industry and the creative sector must now come together and find sensible and workable solutions to support innovation while ensuring creators are compensated.
“The government will support these next steps through the renewed focus tasked to the Copyright and AI reference group.”
The Copyright Agency, representing 40,000 members, said creative works are an essential input into AI development.
“But creators must be compensated for their time and skill,” said CEO Josephine Johnston.
“AI developers should adopt business models that reflect the significance of creative input and contribute to a future where both creativity and innovation can thrive.”
Rowland, in an interview with ABC Radio, said the Copyright Act in Australia needs to adapt in order to accommodate the challenges of AI.
“That's precisely what the Copyright and AI Reference Group is looking at,” she said.
“For example, those fair legal avenues for copyright use, whether there should be, for example, a new collective licensing framework, or should there be a voluntary framework improving the certainty about how copyright applies to material that might be generated by an Australian creator utilising AI.
“But one of the key aspects that has come up in the past few months is around enforcement.
“The potential for a small claims forum as an option to better address especially those lower value copyright infringement matters, so it doesn't take the vast amounts of time and money in order to enforce one's legal rights.
“This is an area where the whole world is grappling with a new disruptor that will not go away in the form of AI.”
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