The Australian government is considering changes to copyright law that would allow artificial intelligence (AI) companies greater access to Australian online content for training their models, sparking debate among policymakers, creatives, and industry representatives.
Leaked documents reveal the Albanese government is exploring an “opt-out” framework, which would enable AI companies to legally train on publicly available online materials—such as family photos, websites, and other user-generated content—unless the rights holders take active steps to exclude their works. Currently, Australian law requires companies to seek permission before using copyrighted materials. Under the proposed model, the responsibility would shift to individuals to protect their content, a move critics say undermines existing copyright protections.
The proposal aims to facilitate AI training within Australia, particularly as some major technology companies, including OpenAI, have expressed concerns about local copyright restrictions preventing them from developing models domestically. These concerns were reportedly raised during recent meetings between senior OpenAI officials and Australian government ministers as part of ongoing consultations.
Industry and government representatives contend that because much online content is created by numerous small individual creators, negotiating individual licenses is impractical. The proposal includes options such as enabling AI companies to deal with rights holder organizations, which would grant access to entire categories of content, including works by non-members, or requiring rights holders to take technical measures to protect their materials from AI training.
Government officials maintain that any changes will preserve existing rights and ensure fair compensation. Deputy Prime Minister Richard Marles described engagement with major US AI firms as a significant economic opportunity and emphasized a balance between attracting investment and protecting national interests. Industry Minister Tim Ayres has reiterated that copyright protections would not be weakened through forthcoming AI regulations. Attorney General Michelle Rowland’s office stated that future reforms would ensure creators have meaningful control and receive fair payment.
However, the proposals have drawn criticism from creative professionals and some lawmakers. Independent Senator David Pocock warned that shifting the burden of protection onto individuals would prioritize AI companies’ interests over those of Australian creators. Greens Senator Sarah Hanson-Young called the suggested copyright compromises "abhorrent," expressing concern that weakening protections would allow large technology firms to exploit Australian content without appropriate remuneration.
Artist Holly Rankin, known professionally as Jack River, spotlighted broader implications beyond the creative sector, emphasizing the right of all Australians to control how their content is used by AI companies. She argued that copyright law is a key regulatory tool needed to ensure responsible AI development and maintain individual property rights.
OpenAI’s vice-president for global policy, Ann O’Leary, acknowledged that copyright remains a "gating problem" before the company can consider significant investment and model training in Australia. Reports characterizing O’Leary’s comments as an ultimatum were contested by government officials and OpenAI, with the assistant technology minister, Andrew Charlton, rejecting any suggestion of coercion.
The government’s consultation process on these matters is ongoing, with various stakeholders debating how to balance innovation opportunities from AI with protecting the rights and interests of Australian content creators.