Text and data mining exception will not be included in potential copyright law reforms: government

The federal government said it sought to protect Australian creators

Text and data mining exception will not be included in potential copyright law reforms: government

The federal government has confirmed that it will not consider including a text and data mining exception in potential amendments to Australia’s copyright laws.

Technology sector stakeholders had sought a broad exception that would grant AI developers free access to the works of Australian creators. They would also be able to use the information to train AI models without requiring creators’ consent.

The government rejected the pitch, saying that it would support and provide certainty to creatives in Australia.

“Artificial Intelligence presents significant opportunities for Australia and our economy, however it’s important that Australian creatives benefit from these opportunities too. Australian creatives are not only world class, but they are also the lifeblood of Australian culture, and we must ensure the right legal protections are in place”, attorney-general Michelle Rowland said in a press release. “This government has repeatedly said that there are no plans to weaken copyright protections when it comes to AI”.

The government announced that it was seeking feedback on the modernisation of Australia’s copyright laws. It convened its Copyright and AI Reference Group to tackle three key topics: the fair and legal use of copyrighted material in AI, the applicability of copyright law to AI-generated material, and rights enforcement.

The group debated whether a new paid collective licensing framework should be developed for AI under the Copyright Act or if status quo could be maintained through a voluntary licensing framework. The group also discussed opportunities to clarify or update copyright law’s applicability to AI output.

Moreover, the group examined avenues for the easy enforcement of rights through a potential new small claims forum that would oversee lower-value copyright infringement concerns.

Rowland instructed the technology and creative sectors to collaborate on “sensible and workable solutions” that drove innovation and did not negatively impact creators’ compensation.

“The government will support these next steps through the renewed focus tasked to the Copyright and AI reference group”, she said.