Pitjantjatjara artist Sally Scales stated that artificial intelligence is taking First Nations art and transforming it into what she termed "Temu slop," arguing the technology undermines the agency of First Nations artists and the authenticity of their work, constituting a "theft" of cultural knowledge. The National Association for the Visual Arts (Nava) noted that searches on sites including Temu, Shein, and Amazon reveal numerous works described as Aboriginal paintings, alongside items like coasters and stubby holders bearing Aboriginal-style designs, often without artist attribution.
Scales further stated, "It’s a theft of the agency of the artist. It rips the authenticity out of it, because it’s not been made by anyone who has the connection … the artist’s family lineage is not there, the lived experience is not there." Prof Kathy Bowrey, an intellectual property specialist from UNSW Law, observed that copyright infringement was already an issue for one in five creators before AI, but the problems become more complex for First Nations people due to "lack of control over ownership and respect for Aboriginal culture." Bowrey provided an example where a corporate client could pay for artwork or images of Aboriginal people, and subsequently use AI to "update" or repurpose those images without consent, meaning artists not only lose repeat business but also face competition from AI when creating new work.
Nava highlighted that Indigenous data sovereignty "recognises the right of First Nations peoples to exercise authority over their data, cultural material and knowledge." In a submission to the joint select committee inquiry on artificial intelligence, Nava pointed to work by Terri Janke, a lawyer and international authority on Indigenous cultural and intellectual property, who has "documented AI scraping Indigenous art centre websites, removing artists’ names and altering their work." Janke also warned about the broader risk of AI reproducing cultural knowledge without regard to its accuracy or appropriate use.
Nava members also raised concerns regarding AI-generated 'Aboriginal-style' images and designs that imitate community-specific techniques, stories, motifs, and mark-making. The organization noted that these images can be sold as Indigenous or Indigenous-inspired work, which spreads misinformation, causes cultural and economic harm, and competes with work by First Nations artists. Bowrey and associate professor Oliver Bown proposed a Copyright Plus framework, which would require AI companies to disclose their data sources and grant artists the right to refuse having their work scraped or mimicked. They also suggested imposing a levy on AI companies to fund a cultural fund and establish a scheme for paying creative professionals, alongside implementing takedown notices for fake content.
