The Albanese government and global technology giants remain stuck in a stalemate over copyright reform, after creative industries rejected a proposal that would let AI companies train models on copyrighted works in exchange for a compensation fund. The impasse leaves Australian authors, artists, and media producers without a clear legal framework as AI firms push to access local content for training.
Data centre operators have been briefed that Anthropic could make local investments more viable by securing a text and data mining copyright exemption, funded by payments into a pool for creatives. But the government's Copyright AI Reference Group has yet to meet to discuss submissions from its recent consultation process.
The proposed copyright trade-off
Tech companies including Anthropic, OpenAI, and Google have argued that a text and data mining exemption would let them train large language models on Australian content without infringing existing copyright. In exchange, they would contribute to a fund designed to compensate creative workers for the use of their material. Similar hybrid models have been debated in the UK and European Union, where lawmakers have sought to balance innovation incentives with creator rights.
Creative industries say no
The plan was roundly rejected by creative industry groups, who see a straight payment model as insufficient. Critics argue that an opt-out or buy-out system fails to respect the underlying rights of creators and could normalise the scraping of protected work. No alternative counter-offer has been made public, but the rejection signals industry appetite for stronger, mandatory licensing frameworks rather than voluntary contribution schemes.
Negotiations stall as reference group delays
The government-appointed Copyright AI Reference Group has not yet convened to discuss the submissions it received, leaving the timeline for any legislative change uncertain. Data centre operators have told the government that securing the exemption could unlock significant infrastructure investment from Anthropic, but without a deal those plans remain in limbo. Communications Minister Michelle Rowland has not indicated when the group will next meet.
Why this matters for creatives
Without a binding copyright deal, Australian creative professionals face the prospect of their work being used to train AI systems without their consent or compensation. The industry's rejection of the compensation fund approach shows many want legal protections, not just payments after the fact. For professionals seeking to stay ahead of these changes, resources like AI for Creatives offer practical guidance on adapting to AI's role in the creative industries while the policy deadlock continues.
Your membership also unlocks: