The Australian government has confirmed that any changes to Australia’s copyright laws will not include a Text and Data Mining Exception.
Many technology businesses have maintained that in order to maintain attempts at “innovation” they need to have unfettered access to the copyrighted materials produced by artists, publishers and other creative endeavours.
“The Government stands behind Australia’s creative industries and, by ruling out a Text and Data Mining Exception, is providing certainty to Australian creators,” said Attorney-General Michelle Rowland in a release.
“Artificial Intelligence presents significant opportunities for Australia and our economy, however it’s important that Australian creatives benefit from these opportunities too,” Rowland continued.
“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 is convening its Copyright and AI Reference Group today and tomorrow to discuss whether a new paid collective licensing framework should be established, to explore opportunities to clarify or update how copyright law applies to material generated through the use of AI and to find ways to enforce existing rights through a potential new small claims forum.
Various organisations across the industry welcomed the update.
“By upholding the creator’s right to control access, terms of use and payment it reinforces that our copyright law works to ensure effective market outcomes,” said Michael Miller, News Corp Australasia’s executive chairman.
“The announcement secures a sustainable and thriving future for Australia’s culture, news media and creative sectors, guaranteeing that Australian stories will continue to resonate powerfully at home and across the world, which is vital for a robust democracy.
“I call upon the government to move at speed to implement the News Bargaining Incentive and News Media Assistance Program (NewsMAP) for small and regional media companies.”
Annabelle Herd, CEO of ARIA and PPCA, said: “This decision reinforces Australia’s commitment to its artists and creative industries, ensuring that consent, control, and compensation remain at the heart of copyright in the age of artificial intelligence. It recognises the inherent value of Australian creativity and culture, including First Nations Culture. It recognises that copyright and IP laws are the foundation of the creative economy, the digital economy, and the technology industry.
“Make no mistake: it is not for tech giants to determine how creator’s IP is utilised, even in negotiation. There are no grounds for new loopholes or amendments that diminish a creator’s right to transparency and permission over how their work is used. Protecting that agency is how we build a creative economy that continues to grow, inspire and compete globally.
“The current copyright licensing structures are proven and reliable, but also flexible, fast and supportive of creativity and innovation. IP laws are what tech companies rely on to protect and monetise their products and they drive innovation. The growing number of music licensing deals with ethical AI companies make that irrefutable.
“We should not be considering new models or creating loopholes, we should be upholding the laws that already sustain thousands of jobs and exports.”
Claire Pullen, CEO of the Australian Writers’ Guild and Australian Writers’ Guild Authorship Collecting Society had this to say:
“We applaud the Government making this announcement in the face of sustained pressure from big tech, particularly foreign-owned companies, who want to strip-mine our culture and content. This sends a message that our cultural and creative industries can be part of ethical AI development as partners, not subordinates – that Australian creators can negotiate terms, not be dictated to.”
