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Artificial intelligence

Artificial Intelligence (AI) offers new opportunities and efficiencies, but also poses significant risks to the creative industries. It is imperative that the development and use of generative AI is carefully regulated. The rights of human creators must be safeguarded and their contributions to the development of AI technologies acknowledged and compensated.

Generative AI models are trained by ingesting huge corpuses of ‘data’ – known as training datasets or inputs – which include copyright works such as books, journals, essays, and articles. It is undisputed that the works in the training datasets – many of which were sourced from pirate websites – have been copied without permission from, or payment to, creators. What’s more, this technology risks displacing, and diminishing the value of, authors’ and illustrators’ labour.

In Microsoft’s own words, the conduct of AI companies represents ‘the largest theft of labor in human history.’ It has provoked global outrage across the creative industries, consistent condemnation in public polling and, to date, approximately 150 copyright infringement cases in the United States. By the AI companies’ own admission, this practice is unsustainable, poses an ‘existential threat’ to publishing, and ‘threatens the economic stability of those who create the content.’

Not only is Big Tech reaping the benefits of Australian authors’ and illustrators’ creative labour without permission or payment, but the generative AI models they have developed are being used to displace creators’ work and dilute their market. We are already seeing the harmful impacts upon professional author careers. A flood of AI-generated books are being uploaded to online retailers – 45% of submitted publications were rejected from Kobo on this basis. AI-generated knock-offs are being sold on Amazon. Traffic to news and other websites, where authors might build a platform or profile, are significantly dropping since chatbots were launched. Creators are losing commissions or supplementary sources of income like copywriting or graphic design jobs, which are also crucial professional skills-building opportunities. A recent UK report showed 86% of authors reported a drop in income due to generative AI. Australian creators earn just $18,200 per annum from their creative practice – these disruptions will make professional careers unsustainable and will result in a contraction of authentic Australian voices, of unique Australian perspective and a future skills gap. 

The ASA supports the ethical, responsible, and sustainable development of AI, which can only occur through respect for copyright. AI developers must be transparent about the copyright work they’ve used to train their models, be required to seek authorisation from writers and illustrators to use their works to train generative AI, and to fairly compensate the creators who grant such authorisation. 

Copyright owners earn a living from licensing their work and must share in the financial rewards derived from using their intellectual property. To ignore this is to ignore the cost of creating cultural material, treat authors’ intellectual work as a free public commodity, disregard copyright laws, and undercut the living wage of professional writers and artists. 

Authors play an irreplaceable role in our society; entertaining, challenging, educating, and inspiring countless readers, as well as fuelling the broader creative industries. Human creativity and human knowledge is essential to a healthy, resilient, democratic, and modern society. New technologies ought to serve our community and unlock new opportunities for our creative industries. If regulated appropriately, AI represents a chance to support Australian authors, artists and publishers rather than displace our creators to the detriment of our nation’s unique cultural landscape.

What is the ASA asking for?

It is not necessary to water down Australian copyright law to make it easier for Big Tech to continue its extractive practices onshore. We simply need to enforce our law as a condition of doing business in Australia. Previously, we have suggested to government this might be achieved through a mandatory code of conduct but, if that is unpalatable, we suggest strengthening the Copyright Act. 

With respect to onshore training the law is simple: the permission of the copyright owner is required to use copyright work for AI training. With respect to AI training which occurs outside Australia, we seek legislative change. While global companies conducting activities offshore can ignore Australian laws, this disregard for Australian standards must stop the moment that such companies commence business in this market. 

The government should:

1.  Clarify the importation provisions under the Copyright Act, to expressly include AI models. This would ensure that importing an AI model which infringes our Copyright law would be prohibited.

2. Clarify the reproduction right in the Copyright Act to nullify the fallacious claim that AI models ‘do not retain copies of copyright works’ at law.

3. Introduce statutory damages. The more significant the potential damages bill, the greater the deterrent effect of the law.

Our intention in strengthening the Copyright Act is not to spark litigation – which is cost prohibitive for virtually all authors – but to give local creators the leverage they need to force licensing by Big Tech, irrespective of where they are training their models.

Licensing copyright material for AI training recognises a simple commercial reality: authors, artists, and publishers are essential suppliers in the AI economy.

Read our guidelines for creators

In our guidelines you’ll find advice on protecting your rights, for both traditional publishing and self-publishing, as well as information about the risks of using AI. These guidelines will be updated as industry best practice and standards evolve.

What is the ASA doing?

  • August: Spearheaded media attention on creators’ strong opposition to the Productivity Commission’s proposal for a copyright exception for AI training
  • June: Joined other creator and rightsholder organisations in writing to the Attorney General, the Minister for Communications, the Minister for the Arts, and the Minister for Industry and Science to call for support of robust copyright framework
  • September – October: Spearheaded media attention on the Australian authors whose pirated books were included in the Books3 dataset used for AI training

What can you do?

Download our template letter and write to your local MP about the theft of your work and the risks to your livelihood and Australian culture if Australia’s copyright laws are watered down to benefit Big Tech. Find your local MP.

Send a letter to AI companies telling them they do not have the right to use your work; the US Authors Guild has made a template available.

If you haven’t already, consider joining the ASA. The ASA’s lobbying efforts in Canberra would not be possible without our members’ support. The more voters we represent, the more likely our voice will be heard by the politicians with the power to make change.

Alternatively, if you’re already a member or prefer to contribute without joining the ASA, you can donate to our Endowment Fund. Donations to the Endowment Fund go directly towards supporting the ASA to lobby and campaign for the rights and professional interests of authors and illustrators.

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