Copyright law change to let AI scrape content could breach constitution
A proposed amendment to Australian copyright law would allow AI firms to scrape music, books and journalism without licensing, sparking fears that it could breach section 51 of the constitution and expose the government to massive compensation claims.
Key points
- Senators warn AI scraping could breach section 51 of Australian constitution.
- Anthropic proposes opt‑out model, allowing scraping unless rights holders block.
- Government officials say they are aware of potential compensation claims from global rights holders.
Senators Ross Cadell and Michaelia Cash warned that the change could trigger a "just terms" compensation case for every rights holder worldwide. The Attorney General’s department said it was "extremely alive" to the issue, while constitutional expert Anne Twomey noted the potential concern.
The debate reflects a clash between encouraging AI investment and protecting creators’ rights, with industry leaders like Anthropic proposing an opt‑out model and the government promising "strongest possible protection" for Australian creators.
Experts warn AI copyright changes could breach Australian constitution and spark huge compensation rights case
The Guardian AI · 30 October 2026
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This text was published by The Guardian AI and written by Josh Butler. It is reproduced here with attribution so you can read it in full; the rights remain with the publisher. Read it at the source ↗
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