Liberal senator Andrew McLachlan has called for the protection of artists' copyright and property rights against potential changes to Australian law driven by artificial intelligence investment. McLachlan argued that the works created by artists must not be sacrificed for the sake of global corporate profiteering or the expansion of data centers. The senator's comments come as the Labor government considers a policy suite addressing copyright, online safety, and energy resources.
The debate involves potential constitutional challenges regarding whether weakening copyright laws to accommodate AI companies would constitute an illegal acquisition of property. While Prime Minister Anthony Albanese has previously stated that failing to pay creatives for their work would be theft, some AI companies have resisted existing copyright frameworks, citing difficulty in implementation. Anthropic has proposed an "opt out" model that would allow the company to scrape music, books, and journalism unless rights holders explicitly object.
Coalition members Ross Cadell and Michaelia Cash have expressed concerns that granting AI companies permission to scrape copyrighted material could violate the constitutional requirement that the government must acquire property on just terms. McLachlan emphasized that any compensation arrangements should be considered on an individual basis for each artist, noting the difficulty of ensuring fairness through an industry-wide scheme.
"The works [artists] create must not be sacrificed on the altar of global corporate profiteering," McLachlan said.
Beyond copyright, McLachlan raised concerns regarding the environmental impact of the growing data center industry. He argued that the construction of these facilities must not occur at the expense of biodiversity or lead to increased emissions and household power costs. The senator urged the development of sovereign AI capability in a sustainable manner, stating, "I choose real forests over virtual ones."
While the Labor and Coalition parties generally agree on attracting AI investment, the opposition has warned against the government "selling out" Australian rights holders to secure that capital. The Labor government is expected to unveil its full AI package before the end of the year, which is slated to include a new AI safety regulator and six specific obligations for AI companies.
