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Experts warn AI copyright changes could breach Australian constitution and spark huge compensation rights case

Experts warn AI copyright changes could breach Australian constitution and spark huge compensation rights case

Summary

Australian lawmakers and legal experts have warned that changing copyright rules to let AI companies use protected material could raise constitutional questions and lead to compensation claims. No proposal has been released, and the potential legal consequences would depend on how any law is drafted.

Key Facts

  • Australia is considering AI-related reforms that may include changes to copyright law.
  • Some AI companies have sought weaker copyright rules to use Australian material to train their systems.
  • Anthropic has proposed an opt-out approach, under which content could be used unless rights holders take steps to block it.
  • Nationals senator Ross Cadell said such a model could raise a question under the Constitution’s requirement for property acquisitions to occur on just terms.
  • University of Sydney legal expert Anne Twomey said the issue is complex and that a change reducing copyright holders’ rights could potentially raise constitutional concerns.
  • Twomey said global rights holders might have grounds to take legal action in Australia if rules allowed AI training on international data.
  • The attorney general’s department said it was closely aware of the issue, while the government pledged meaningful control and fair compensation for creatives.
  • The government has not released a legislative proposal, and Prime Minister Anthony Albanese has said creatives should be protected and paid for their work.
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