AI companies such as OpenAI and Anthropic would be allowed to train their models on online content without paying its creators as long as they struck deals with enough rights holders, under one copyright reform plan put forward in government documents seen by the ABC.
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they → allow → ABC
The attorney-general's department made the proposal as part of consultations with rights-holders' groups earlier this month, which would make inclusion in AI training opt-out by default.
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inclusion → make → default
The revelation comes as the Albanese government tries to break a months-long gridlock over reforms to copyright law.
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government → come → law
AI models are typically trained on enormous amounts of data scraped from the internet, including copyrighted materials taken without their owners' permissions, to the chagrin of creative groups.
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models → train → groups
Uncertainty about the legality of training models this way has been a sticking point for the government's efforts to attract AI companies to make the major investments in Australia that would come with AI training efforts.
ACT independent senator David Pocock pressed the government about its previously unrevealed plans in the Senate today.
"This would be huge and mean that our legal system would protect AI companies first and Australians second.
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Australians → train → companies
The burden should not fall on Australians to defend the rights over content they hold, create and invest in," he said.
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he → fall → content
Senator Don Farrell said that he would need to consult with Attorney-General Michelle Rowland on the topic, but reiterated the government's stance against watering down copyright.
"The government has taken a deep interest in artificial intelligence with a view to maximising the benefits that come from this new technology, but on the other hand making sure […] we get the best possible results for the Australian community," he said.
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he → say → community
A spokesperson for Attorney-General Michelle Rowland said the government was continuing to consult with creators, media organisations and AI companies on a range of options to ensure any future copyright changes deliver meaningful control and fair compensation.
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changes → say → control
OpenAI confirmed that it had been part of consultations about proposals.
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it → confirm → proposals
"We are committed to engaging constructively throughout this process with the government, creators and industry on an approach that is practical, sustainable and right for Australia," a spokesperson said.
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spokesperson → commit → Australia
Two proposals to pave way for AI training in Australia
Slides of the confidential consultation, titled "AI on Australian Terms", seen by the ABC, revealed two options presented to rights-holder groups earlier this month.
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Slides → pave → groups
Both options would give copyright owners an opt-out if they wanted to keep their online material out of AI training without a licence.
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they → give → licence
The first proposal sets out two possible ways to pay copyright owners, in addition to voluntary deals with AI companies.
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proposal → set → companies
One would give AI companies legal permission to use "unprotected" — meaning content whose owners had not opted-out — online material for training as long as they had made payments to a central body and met other conditions.
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they → give → conditions
This body would distribute the money to registered copyright owners.
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body → distribute → owners
This first proposal would give the option for AI companies to get a license for training by directly doing deals with Australian collecting groups that represent copyright owners.
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that → give → owners
This would clear the way for companies to train on content from industries such as music or writing, including content that belongs to people who are not members of the groups who received payments.
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who → clear → payments
The alternative proposal put forward by the Attorney-General's Department would instead require AI companies to strike deals with a minimum number of companies for a minimum period before receiving legal permission to train on unprotected material online.
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proposal → put → material
These deals would be negotiated between the AI companies and the rights-holder companies, the slides say: "No additional $ would be payable to creators or rights holders beyond deals negotiated to achieve quota."
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$ → negotiate → quota
The slides also say the proposals include other protections, including penalties for ignoring opt-outs, "protections for Indigenous Cultural and intellectual Property", as well as transparency and audit requirements.
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proposals → say → Property
It would also require AI companies to make "best efforts" to ensure they were not training on pirated material.
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they → require → material
Material without those protections could be used even if it was covered by copyright.
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it → use → copyright
The slides say the options would address AI companies' concerns about the "long tail": openly available online material for which striking voluntary deals is unrealistic or impossible.
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striking → say → deals
These options would "improve legal certainty for AI companies and bring advantage of AI training home for Australians" while also "upholding Prime Minister's commitment to a strong and vibrant Australian creative and media sector", the slides say.
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slides → improve → sector
Major AI companies say copyright is a hurdle to Australian investment
OpenAI's vice president of global policy Ann O'Leary told The Australian that copyright settings were preventing the company from building an AI training centre in Australia.
"We will not be able to build a … training centre here if the copyright law is as it exists," she said while on a trip to Australia.
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she → say → Australia
An OpenAI spokesperson told the ABC it had been taking part in consultation on the copyright reforms.
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it → tell → reforms
"Australia has enormous potential to benefit from AI, and we want to work for and with Australia to help realise Australia's AI ambitions.
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we → have → ambitions
This is truly a once-in-a-generation opportunity for Australia's economy and it's crucial the country gets this right," they said.
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they → get → economy
Anthropic had made similar advances to the federal government as early as April, according to a Treasury Freedom of Information (FOI) showing that it was preparing for discussion with the AI company that would say their investment was "contingent" on "clarity" on copyright law.
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investment → make → law
That briefing said Anthropic could negotiate with larger copyright owners, but argued the "long tail" of smaller owners made identifying and buying licences difficult.
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identifying → say → licences
Deputy Prime Minister Richard Marles hosed down claims that OpenAI had delivered an ultimatum about copyright.
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OpenAI → hose → copyright
"It's a historic opportunity for our nation, but we need to be doing it in a way which protects rights holders," Mr Marles told News24 earlier today.
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Marles → need → News24
Anthropic did not immediately respond to requests for comment.
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Anthropic → respond → comment
The Aporia
