Labor rules out text and data mining exception in copyright review amid AI data-feeding frenzy
Labor has rejected a draft text and data mining bill ahead of talks with representatives of Australian creators in Canberra as it seeks to force tech giants to pay for the content they feed data-hungry AI models.
From artists to journalists, the question of how to get a share of the unknown billions of dollars in revenue that AI models are generating for big tech backers has long been on the minds of those who create content for a living.
The Albanian government’s legal chief said the Copyright and Artificial Intelligence Reference Group (CAIRG) will seek to tweak the Copyright Law to force developers to compensate creators.
“Artificial Intelligence presents significant opportunities for Australia and our economy, but it is important that Australian creators also take advantage of these opportunities,” Attorney-General Michelle Rowland said.
“Australian creators are not only world-class, they are the lifeblood of Australian culture and we must ensure the right legal protections are in place.”
The group will also explore how copyright law applies more broadly to AI-generated content, and options to make it cheaper and easier for creators to claim ownership.
This is a difficult area to regulate, as governments must balance embracing the promised economic blessings of AI without cumbersome bureaucratic processes while also establishing guardrails.
Ahead of Labour’s economic reform roundtable in August, the Productivity Commission called against tough regulation of AI, warning it could stifle opportunities.
His suggestions included an exception for text and data mining; It was a call that sparked outrage.
But Ms Rowland vowed that the government “will not weaken copyright protections when it comes to artificial intelligence”.
“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,” he said.
“The Government will support these next steps through the renewed focus given to the Copyright and AI reference group.”
News Corp Australasia executive chairman Michael Miller welcomed the focus of the talks, saying they “secure a sustainable and thriving future for Australia’s culture, news media and creative sectors”.
“The government made the right decision to protect Australia’s copyright settings and waive the Text and Data Mining exception,” he said.
“The government’s announcement is a welcome catalyst for technology and AI companies to license Australian content.
“By supporting the creator’s right to control access, terms of use, and payment, it reinforces that our copyright law strives to deliver effective market outcomes.”
Mr Miller also called on the government to “act quickly to implement the News Dealing Promotion and News Media Assistance Program (NewsMAP) for small and regional media companies”, a framework designed to support public interest journalism.
ARIA chief executive Annabelle Herd also welcomed the guidance as a “critical first step”.
“I really want to congratulate and thank the Albanian government for taking this transparent attempt to dismantle Australian copyright law in the interests of a few big tech players,” he said.
CAIRG member Ms Herd took aim at the Productivity Commission’s recommendation for a text and data mining exception, describing it as “suggested with very little evidence” and a “radical change”.
Artificial intelligence models like ChatGPT, Gemini, and Meta AI are making countless billions for big tech backers by setting aside existing efforts on the internet to produce content.
It’s unclear how much the Silicon Valley giants make from their models, but the fact that the firms have pumped about $240 billion into development this year, according to financial disclosures, is enough to warrant eye-popping investments.
