Independent Senator David Pocock has accused the Albanese government of considering a copyright compromise that would put AI companies' interests ahead of everyday Australians, potentially giving AI firms default access to the works of Australian creatives. The proposal, revealed as senior personnel from OpenAI met with Labor ministers, suggests AI companies could gain rights to train models on Australian content unless rights holders actively opt out.
Government weighs default access for AI firms
The proposals, contained in a document titled 'AI on Australian Terms' and tabled in the Senate on Tuesday, were described by Pocock as screenshots of the government's consultation proposals. The document raises concerns about the vast number of small individual creators of online content, for which voluntary deals with AI companies 'is not realistic/possible'.
Under one option, AI companies would gain the right to access and train models on any unprotected online material, provided they made deals with enough businesses. Another option would allow AI companies to strike deals with rightsholder organisations, extending a licence to cover all creators within a category, even those not members of the organisation.
Pocock and Greens condemn proposal
'It would mean putting AI companies' interests over everyday Australians, giving AI companies access to all Australians' content, unless they opt out,' Pocock said on Tuesday. 'The burden should not fall on Australians to defend the rights they already hold over content they create and own and invest in.'
Greens Senator Sarah Hanson-Young described the suggestions as 'abhorrent', stating, 'Every Australian deserves to get paid for the work that they make and the work that they do. A weakening of the copyright laws letting big tech take the work of Australians for free, not have to pay for it, for their own profit.'
Government insists on protections
Labor's industry minister, Tim Ayres, had on Monday said the government's forthcoming AI rules would 'in no way' involve a reduction in copyright protection. Deputy Prime Minister Richard Marles said the federal government was 'working at a pace' to respond to the copyright issue, maintaining that the opportunity to work with American tech giants was a 'significant moment for the country'.
'The opportunity for Australia economically is enormous in collaborating with frontier companies … and having frontier training occur in Australia,' Marles told the ABC's 7.30 program. 'We want to see this opportunity come to the country [but] it needs to come on terms which are in our national interests.'
Attorney-General Michelle Rowland is running the government's ongoing consultation with affected organisations. A spokesperson for Rowland said the government would ensure any future copyright changes deliver 'meaningful control and fair compensation'.
OpenAI's ultimatum and government response
OpenAI's vice president for global policy, Ann O'Leary, met ministers and officials this week as the company considers investing in Australia. In an interview with The Australian, O'Leary said: 'Our company isn't ready to have that conversation if we can't get through the gating problem of the copyright barriers.'
The newspaper reported the comments as an 'ultimatum' that sought to 'strong-arm' the government, a characterisation Marles said was 'overstating' the comments. OpenAI has asked the paper to correct its headline and article. Assistant Technology Minister Andrew Charlton told News24 he hadn't seen any ultimatum and would reject one if issued, stating, 'We want to support Australian artists. We want to give them control over their work. We want to make sure they're compensated, if they choose to have it used. We're not compromising them or trading them off. So if we lose some datacentres over this, so be it.'
Musicians, writers and artists lobbied against weaker copyright laws earlier this year after reports AI companies were offering $50bn datacentre investments in exchange. The government's decision will determine whether these investments proceed and whether Australian creatives retain control over their work.
