The ASA is dismayed about a Productivity Commission report raising the prospect of a text and data mining (TDM) exception to Australia’s Copyright Act, allowing for the training of AI models on copyright work. Published overnight, the interim report Harnessing data and digital technology acknowledges that large AI models have already been trained on Australian creators’ work – without consent or compensation – but still seeks to explore an exception to authorise such use.

ASA CEO, Lucy Hayward says, “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.

“Authors and illustrators sit at the heart of an industry that contributes over $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.

“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.”

ASA Chair Sophie Cunningham says, “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.”

ASA Director and labour relations lawyer, Josh Bornstein says, “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.”

Hayward says, “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 $20 billion in data centre infrastructure. 

“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.”

Earlier this year the ASA heard from almost 1,900 authors reporting around 12,000 of their books had been pirated and used by Meta to train its generative AI tool. The practices of OpenAI and other AI developers such as Meta and Google have impacted a broad spectrum of Australian authors and illustrators, from emerging creators to the high-profile bestselling writers.

The ASA will make another submission to the Productivity Commission consultation on Harnessing data and digital technology and express our emphatic objection to this proposal. We will update our members in the coming weeks with more information.