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Australias Copyright Act Set For Overhaul As Productivity Commission Fails Artists In Ai Harnessing Plans
The Productivity Commission’s Report on Harnessing AI has sparked widespread concern among artists, creative industries, and lawmakers over its proposed text and data mining (TDM) exemption to the copyright act. The commission’s recommendation has been met with skepticism from stakeholders who argue that it failed to adequately consult with these groups or consider the potential consequences of such an exemption.
The proposed TDM exemption would allow tech companies to use copyrighted work to train generative AI models without obtaining permission from the original creators. While proponents claim it is necessary for the development of AI technology, critics argue that it could lead to a loss of control over creative works and unfair compensation for artists.
First Nations rapper Adam Briggs emphasized the importance of fair pay for artists, highlighting the need for policymakers to consider the economic impact of their decisions on creative industries. He questioned why it was a radical notion that artists should be compensated for their work, sparking debate about the need for fair pay in the creative sector.
Liberal Senator Sarah Henderson condemned the commission’s report, accusing it of abandoning creative industries by writing that it is not “realistic” to stop Australian data being used to train generative AI models overseas. She questioned the benefits of allowing companies to access Australian creativity without fair pay, saying there was no benefit to Australian artists in having their work scraped by AI.
Productivity Commissioner Julie Abramson stated that the body has an “open mind” to policy approaches, including licensing agreements for artists, and had received over 400 submissions ahead of its final report. However, this assertion does little to alleviate concerns about the commission’s lack of consultation with creative industries.
The problem at hand is not new, but the emergence of AI technology has brought it to the forefront. Productivity Commissioner Stephen King acknowledged that Australia’s current copyright laws are not fit for purpose in the age of AI. The issue lies in ensuring that Australian creatives receive fair compensation for their work when it is used for training AI engines overseas.
In response to criticism, Abramson emphasized the importance of consulting with experts and stakeholders. However, the commission’s failure to engage with creative industries has raised questions about its commitment to protecting their rights.
The Greens Senator Sarah Hanson-Young took aim at the commission’s methodology, stating that it had “misread the value of the creative industry.” She highlighted the lack of consultation with key players in the industry, saying the commission consulted with major tech companies but not creative industries. This has led to concerns about the commission’s understanding of the creative sector and its potential impact on Australia’s cultural landscape.
The government’s approach to regulation around AI remains unclear. While Prime Minister Anthony Albanese has expressed support for the arts and emphasized the importance of copyright and intellectual property, his administration has yet to commit to changes in the law.
Artists who appeared at the inquiry have called on the government not to consider TDM exemptions. Holly Rankin, known by her stage name Jack River, argued that licensing agreements are the only way for artists to be fairly compensated. She acknowledged that deals were already in place with organizations including NewsCorp, the Guardian, and AAP.
“A [TDM] exception to the copyright act is not a technical tweak or small change, it would be a fundamental dismantling of our copyright system legalizing the theft of Australian culture at scale,” she told the inquiry. “The truth is simple, technology companies are able to pay for licenses, they just don’t want to.”
As policymakers navigate the complex issues surrounding AI and copyright law, prioritizing consultation with creative industries is crucial. The Productivity Commission’s interim report has highlighted the need for a more nuanced approach to regulating AI technology in Australia.
The fate of Australia’s creative industry hangs in the balance, with policymakers facing a critical decision about how to proceed. Will they choose to protect the rights of artists and creatives or acquiesce to the demands of tech giants? The outcome will have far-reaching consequences for the country’s cultural landscape.
In this uncertain period, Australians must remain vigilant and demand greater accountability from their government. As First Nations rapper Adam Briggs so aptly put it, “It would be hard to get genie back in the bottle” if Australia allows companies to access Australian creativity without fair pay. The question now is whether policymakers will take action to ensure that creative industries receive the protection they deserve.
The Australian government’s response to this issue will have significant implications for the country’s cultural landscape. As lawmakers and policymakers consider their approach, prioritizing consultation with creative industries and considering the potential consequences of their decisions is essential.
For artists like Adam Briggs, fair pay and recognition are crucial to the survival of the creative industry. The commission’s failure to engage with these stakeholders has raised concerns about its commitment to protecting their rights. As the debate around TDM exemptions continues, it is clear that the government must take a more proactive approach to regulating AI technology in Australia.
The commission’s recommendation highlights the need for policymakers to consider the long-term implications of their decisions on creative industries. By prioritizing consultation and fair compensation, lawmakers can ensure that Australia’s cultural landscape remains vibrant and diverse. The future of the country’s creative industry depends on it.