AI companies could use Australian creators' work without paying them, according to leaked report

Australian photographers and other creatives could soon have to actively opt out of having their work used to train artificial intelligence models under copyright proposals being considered by the federal government.

The proposals, outlined in a leaked consultation document titled AI on Australian Terms, which was sighted by the ABC, would potentially allow AI companies to use publicly available online material by default, with mechanisms for creators to opt out and receive compensation.

One option would see AI companies negotiate with rights-holder organisations, with agreements potentially covering creators who aren't members of those organisations. Another would allow AI training on material that hasn't been digitally protected, provided certain conditions are met.

The proposals are part of a broader attempt to resolve a standoff between the government, creative industries and major AI companies over the use of copyrighted material for AI training.

The issue comes as major AI companies push for changes to Australia's copyright framework. OpenAI vice-president for global policy Ann O'Leary recently met Australian ministers, saying copyright restrictions were preventing the company from training models locally.

The government has stressed that no changes have been finalised. Attorney-General Michelle Rowland's office said any future system would provide "meaningful control and fair compensation" for creators.

Independent senator David Pocock criticised the proposed opt-out approach, saying: "The burden should not fall on Australians to defend the rights they already hold over content they create and own and invest in."

The latest discussions come as major AI companies push for greater certainty around Australia's copyright rules.

OpenAI vice-president for global policy Ann O'Leary told The Australian that the company's ability to establish an AI training centre in Australia was dependent on resolving what it sees as copyright barriers.

For photographers, the key issue is who carries the responsibility for granting permission. Under an opt-out system, creators could potentially have to take action to prevent their images being used for AI training.

For now, consultation is continuing, with the government attempting to balance investment in Australia's AI industry with copyright protections for local creators.