Would AI get to use Aussie art by default?
The Albanese government is looking at letting big American AI companies use Australian art, music, writing and photos by default to win new datacentres.
Independent Senator David Pocock raised the claim in the Senate. He said Labor would throw protections for creatives and copyright holders "under the bus" to get datacentre funding. The Guardian
On Tuesday Pocock tabled a document called "AI on Australian Terms" in the Senate. He described it as screenshots of the government's consultation ideas on AI and copyright.
What the papers propose
The paper says one-by-one deals between AI companies and lots of small online creators "is not realistic/possible". There are too many owners and too many small posts, photos and songs for single deals to work.
It lists three broad options. The first says creators must "digitally protect" their work to stop AI learning from it. Think of it like bikes left on the street. Anything left unlocked could be taken. The second says AI firms can use any unlocked work online if they have deals with enough businesses. The papers do not say what enough means. The third says AI firms can do one big deal with a rights group that covers even creators who are not in the group. That would stretch one music or text licence across many small creators.
Companies such as OpenAI and Anthropic would be allowed to train AI on online work without paying creators under ideas reported by ABC News. ABC News
What the government says
Senior staff from OpenAI met Labor ministers. They warned Australia's copyright rules stop the company training AI here. Deputy Prime Minister Richard Marles confirmed the government spoke to tech companies in San Francisco in the past fortnight about copyright and AI work together.
Attorney-General Michelle Rowland is running the government's talks with affected groups on AI and copyright. Industry Minister Tim Ayres said on Monday the coming AI rules would "in no way" cut copyright protection.
OpenAI said Australia would become the first country to host AI model training if copyright could be resolved. SMH Data Centres Australia stated in a NSW Government filing that Australian copyright law is a barrier to training AI models on Australian content in Australia.
A plan to let AI companies mine content has been put to cabinet. The July plan linked permission to mine content to investment and a $350m fund to pay artists.
Greens Senator Sarah Hanson-Young described talk of a copyright deal for AI as "abhorrent".
Why the politics is volatile
The broader context here is simple. Governments promise jobs and protection together. Creators hear protection. Tech firms hear jobs.
In my view, the fight is about who does the hard work. A lock-it-yourself rule leaves small writers, artists, photographers and musicians to do it. An enough-deals rule suits big firms that can bargain. A one-big-deal rule gives power to fee-collecting groups. That raises plain questions about what counts as locked and who decides, how many deals are enough and who checks, and how pay, openness about training data and a real way out would work. Labor says protection will not drop, but the papers say use by default unless locked. Pocock has made the papers public. Rowland runs the talks.
