Authors oppose AI text mining proposal over copyright concerns

The Australian Society of Authors has voiced opposition to a proposal from the Productivity Commission that suggests introducing a text and data mining exception to Australia's Copyright Act.

The interim report from the Productivity Commission, titled Harnessing data and digital technology, considers whether an exception allowing the training of artificial intelligence models on copyrighted works should be explored further in Australia. The report notes that large AI models have already made use of content from Australian creators without their consent or compensation, yet it suggests that the introduction of a text and data mining exception could be a potential way forward.

Lucy Hayward, Chief Executive Officer of the Australian Society of Authors, strongly criticised the proposal. In a statement, Hayward said: "Copyright is how authors earn a living. A text and data mining exception would give tech companies a free pass to use their work to train artificial intelligence models – and profit from it – while Australian creators get nothing. Not only is that absurd, it's unjust. While the report states an exception would not be a 'blank cheque', we're unconvinced."

Hayward went on to address the broader role of creators in the national economy and the impact that weakening copyright protections could have on the industry. She stated: "Authors and illustrators sit at the heart of an industry that contributes over USD $2 billion to the Australian economy. Instead of considering ways to legitimise the theft of their work, we should be exploring how to protect their rights. We understand the desire to embrace the opportunities that generative AI brings to the Australian economy, but it cannot come at the cost of creators' livelihoods and the creative industries."

Hayward also questioned claims that exceptions to copyright law foster innovation, referencing recent investment activity. She said: "We know the tired argument is being made that Australia's copyright law hinders innovation and investment – that's patently false. Tech and AI is booming in Australia, with Amazon having just recently invested USD $20 billion in data centre infrastructure."

According to Hayward, the introduction of a text and data mining exception could have long-term negative implications: "Generative AI models will continue to scale and be monetised. A text and data mining exception will effectively give away the intellectual property of Australian creators allowing tech giants to entrench their dominant positions in the market and continue extracting value from the Australian economy. It would be a strikingly unreasonable recommendation for proponents of a fair market to make. A fair market requires a fair exchange."

The impact of unauthorised use of creative works was highlighted earlier this year, when the Australian Society of Authors collected reports from almost 1,900 authors indicating approximately 12,000 books had been used without permission by Meta as part of training datasets for generative AI models. The practices of AI developers such as Meta, OpenAI, and Google were noted as affecting a wide array of creators, including both emerging and established authors.

Concerns about livelihoods

Sophie Cunningham, Chair of the Australian Society of Authors, addressed the fundamental value of copyright to writers. She commented, "Most writers don't receive wages but they do have copyright – something a TDM exception simply erodes. Think, for a moment, about the books you have read, or music you have listened to, or the film or television you have enjoyed this week, this month, and this year. That is all the product of creative labour. The theft of that work is unacceptable – and certainly won't promote any productivity in any of the creative arts."

Her comments reflect ongoing concern from the creative sector that changes to copyright could undermine the business models on which many writers and artists rely to sustain their work.

Legal perspective

The Productivity Commission's exploration of this proposal is perverse. A text and data mining exception would mean that some of the wealthiest corporations in Big Tech would be able to freeload from low-paid authors' labour. It would institutionalise wage theft for those working in creative industries.

That statement was made by Josh Bornstein, a Director at the Society as well as a labour relations lawyer, underscoring the association's characterisation of the proposal as a major risk to the financial wellbeing of those in creative professions.

The Australian Society of Authors maintains that an exception for text and data mining would not benefit creators, Australian culture, or even technology companies in the long run. Hayward commented: "Text and data mining exceptions don't benefit creators, Australian culture, or even tech companies, who need writers and artists to survive and continue to create high-quality books to develop and improve their AI tools. It undermines existing and potential licensing markets which give tech companies access to the material they need, and remunerate creators in a sustainable economy."

The Productivity Commission's interim report is currently open to stakeholder and public feedback. The Australian Society of Authors has reiterated its call for stronger protection of creators' rights and the importance of ensuring that any legislative changes do not compromise the livelihoods of Australian writers and illustrators or the broader creative industries.