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Copyright Reform

Govt backs creatives over AI tech with copyright law reform

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The news: The Albanese Government has ruled out introducing a Text and Data Mining Exception as it consults on updates to Australia’s copyright laws in order to protect the work of creatives from being used by artificial intelligence (AI).

The context: In a statement released Sunday, the government said that as it consults on possible updates to Australia’s copyright laws, it will not include the exception which had been called for by players in the technology sector.

Under the exception, AI developers would be able to use the works of Australian creators for free and without permission to train AI systems.

“The Government stands behind Australia’s creative industries and, by ruling out a Text and Data Mining Exception, is providing certainty to Australian creators,” the statement said.

While the Government is not considering a Text and Data Mining Exception, it is currently convening it’s Copyright and AI Reference Group (CAIRG) on Monday and Tuesday this week to discuss three priority areas, including:

  1. Encourage fair, legal avenues for using copyright material in AI: Examining whether a new paid collective licensing framework under the Copyright Act should be established for AI, or whether to maintain the status quo through a voluntary licensing framework.
  2. Improve certainty: Explore opportunities to clarify or update how copyright law applies to material generated through the use of AI.
  3. Avenues for less costly enforcement: Make it easier to enforce existing rights through a potential new small claims forum to efficiently address lower-value copyright infringement matters.

The nation’s major creative groups had increasingly called for Labor to rule out copyright law reform for the benefit of AI platforms, warning changes would pose a major threat to future licensing deals. ARIA chief executive Annabelle Herd told Capital Brief that music publishers and the broader creative sector have grown increasingly unsettled by the government’s reluctance to rule out adopting the recommendation.

Last week, OpenAI’s global policy affairs chief Chris Lehane downplayed fears that tough copyright laws will deter investment in Australia and committed to working with the government on efforts to drive investment in artificial intelligence infrastructure — regardless of whether it relaxed copyright laws.

What they said: Commenting on the Government’s decision to rule out the exception, 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…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.” Rowland added.

The source: Government statement


By Paige McNamee