AIR stands against any new proposed AI exceptions in Copyright Act

AIR stands against any new proposed AI exceptions in Copyright Act The Australian Independent Record Labels Association (AIR), the trade association representing independent music businesses across the country, firmly opposes any proposed fair dealing exception for text and data mining, as considered in the disappointing Productivity Commission's interim report, 'Harnessing Data and Digital Technology'. Rather than being a barrier, copyright is the foundation of innovation, enabling it by balancing rights and protections. Any amendment to the Copyright Act to include a new AI exception would represent a dangerous step backwards, undermining the rights of creators and unrestrictedly allowing multinational corporations to exploit creative works without permission or payment.

Across the globe, large technology companies are exploiting text and data mining exceptions to their advantage, scraping music from the internet without restriction. Without seeking consent or paying for it, they are building lucrative business models based on training their algorithms with artists' works and generating original content that competes directly with the creative works used for training.

The current copyright regime is fit for purpose and does not need exceptions to serve AI development that would strip Australian creators of their rights and jeopardise their ability to earn a living. Responsible partnerships between rights holders and AI developers are already possible without weakening existing laws. Introducing exceptions risks triggering a race to the bottom, undermining efforts to foster ethical AI development and a well-regulated, negotiated licensing market for AI.

Australian independent music businesses play a key role in promoting local diversity and creativity. They are true innovators who embrace new technologies and the vast potential of AI for music creation, production, distribution and promotion.

Just a few days ago at Indie-Con in Adelaide, AI dominated conversations, showing how pressing this issue is for the creative industries today.

Last year, the independent community proactively put forward the WIN Principles for Generative AI, to which AIR adheres, calling for AI that prioritises human creativity, safety, transparency, and respect for copyright. This is the way forward: not unilateral exceptions that allow global tech companies to exploit Australian music, which are opposed by the wider Australian creative community.

As a sector, we welcome new legislation in the field of AI, but this interim report misses the mark. We urge the government not to go down this route and risk generative AI replacing human labour in all creative fields so that we can continue to enjoy the unique contributions artists make to our lives.

"We commend the previous Senate's report on AI, which rightly recommended that the Australian government require AI developers to be transparent about their use of copyrighted works in training datasets and ensure that this use is properly licensed and compensated. This is the kind of forward-thinking leadership Australia needs to protect and champion its creative community." - Maria Amato, AIR CEO