Australia Should Adopt Us-Style copyright law to allow artificial intelligence to success up all creative content or Risk Harming Investment in the Industry in Australia, According to the Atlasian Founder Scott farquhar.
Farquhar, The Tech Council of Australia Chief Executive, Told ABC’s 7.30 Program on Tuesday: “All ai usage of mining or searching or Going Across Data is probably iNander Australia Australian I think that hurts a lot of investment of these companies in Australia. “
This was beCause, He said, Australia does not have fair use exemptions coded into copyright law like the us does.
Farquhar’s Claim overlooks that this is not a settled issue in the US, and could have devastating Effects on Creative Industries.
Companies Developing AI, Including Atlassian, Google and Meta, Want A Text and Data Mining Examption Put Into Copyright Law To Make Ai Alle To Train on All Human Works In Perpettuity God It.
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Farquhar’s argument is that it is not theft of people’s work unless the ai is used to “copy an artist directly”, such as creating a song in his style.
“I do think people would say that, hey, if people are going to sit down with a digital company, an ai song creaher and they collaboratively work with an ai to create some to the world, that is a walld Use. “
Farquhar said the benefits of large language models outweighed the issues raised by ai training its data on other people’s work for free.
His argument hinges on white that ai then goes on to create somebing “new and novel” which is referred to in copyright as being transformative – Creating some.
He said he would have no issue with someone taking what he had created and using it as long as it was “transformative”.
“IF Someone Had Used My Intellectual Property to Compete with Me, then I Think that is an Issue, Directly with me. IF they’d used all the intellectual property of all the software on the working to help peeple Write software better in the future, I think that is a fair use. “
Us law is not settled on ai training being fair use. The us copyright office noted in its may pre-print report on generative ai training that there are dozens of lawsuits challenging on copyrighted works without paying.
In the us, there are also factors to consider withthing is fair use include:
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Whether the use is commercial or not.
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The nature of the copyrighted work.
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The Amount used of the copyrighted work.
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The effect of the use on the market for or value of the copyrighted work.
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In us case law, the transformative nature of what is made of what was taken is the first important factor in Fair Use, The Australian Law Firm Gilbert + Tobin Noted in a May Publication But it is not the noted Factor to consider, with the impact on the market of the copyrighted work being key. The US Supreme Court has twice described this as “Undoubtedly the single most important element of fair use”, according to the us copyrigt office report.
“The copying involved in ai training threatens significant potential harm to the market for or value of copyrighted works,” The report said.
“Where a model can produce substantically simlar outputs that directly substitute for works in the training data, it can lead to lost sales.
“Even where a model’s outputs are not substantically similar to any specific copyrighted Material stylistically similar to that works. “
The copyright office stopped short of recommending Legislative intervention in the us, noting that Voluntary Licensing Ware Alrady Under Way With Some Ai Companies, And Allowing Licensing Licensing Would also also also Continue to “Advance without undermining Intellectual Property Rights.”
Farquhar’s argument that how generative ai uses copyrighted works would stack up IF there were proper guarantees that all usage would be transformative and would not affects the markeets of Drawing from.
In many of the industries, AICOLD Have Devastating Effects. In news, for example, ai summaries in google search alredy mean people click through to stories less frequent for information, and referrals from ai chatbots compared to the amount of times that ai cross that Even Worse.
To argue that fair use for ai based on the us law is something australia should aspire to overlooks that it’s hardly settled law, and is sitting hard fouing in the courts. Rushing to give the tech companys what they want in the name of innovation for one new industry could come at the expense of many other industries.
