Generative AI

Generative AI (GAI) is challenging copyright legislation in a number of ways. The main issues are:

Use of copyrighted works without permission

GAI models are often trained on copyrighted material scraped from the internet without the consent or compensation of creators. This has led to several high-profile lawsuits, mainly in the U.S.

Proposed solutions include:

• collective licensing agreements
• do-not-train registries or metadata allowing creators to indicate preferences
• legislative changes

Some publishers have made licensing deals with AI developers, and authors may need to consent to AI training when signing publishing contracts.

Impact on creative professions

GAI can generate content similar to human-created works, potentially affecting the livelihoods of artists and authors.

While this raises concerns, many creators also use AI tools to support their creative processes.

Copyright eligibility of AI-generated content

Copyright law only protects human-created works. Purely AI-generated content is generally not eligible for protection. Laws vary by country, and the legal framework is still evolving.

This creates uncertainty for:

• creators using GAI as a tool,
• Businesses relying on GAI for brand assets, advertising, and trademarks.

Limits on AI development in Australia

Australian copyright law currently lacks an exception for text and data mining, which may discourage investment in AI research and development.

Further Resources

• Watch A global perspective on copyright law and copy-reliant AI (YouTube, 43 mins 15 seconds)
• Attorney-General’s Department | Copyright and AI reference Group (CAIRG): Policy debates
• Generative AI at university library guide | advice on avoiding copyright infringement and making ethical use of GA