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Experts warn AI copyright changes could breach Australian constitution and spark huge compensation rights case

The Guardian October 30, 2026 2 views
Experts warn AI copyright changes could breach Australian constitution and spark huge compensation rights case

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Australian lawmakers are debating the legal ramifications of allowing artificial‑intelligence firms to scrape copyrighted music, books and journalism from the internet. Constitutional experts and industry groups warn that the proposed changes could breach the Constitution and expose the country to a flood of legal action and compensation claims from rights holders worldwide.

Leading constitutional scholar Anne Twomey has said that, depending on how the legislation is drafted, granting AI companies permission to scrape copyrighted material could amount to the government acquiring property. Twomey added that the concern is “potentially” serious if the law is not carefully framed.

“Granting AI companies permission to scrape copyrighted material from the internet could amount to an acquisition of property by the government,” Twomey said.

The Attorney General’s department has acknowledged that the issue is “extremely alive” to the government, signalling that it is taking the matter seriously. Meanwhile, Coalition senators and representatives from the recording industry have warned that altering copyright law in this way could trigger a constitutional breach and open Australia to massive legal action and compensation claims from rights holders around the world.

Key concerns highlighted by the debate include:

  • Potential constitutional breach if the law is interpreted as the government acquiring property.
  • Risk of extensive legal challenges from rights holders seeking compensation.
  • Need for precise drafting to balance innovation with the protection of intellectual property.

The discussion underscores the importance of careful legislative design to avoid constitutional conflicts while fostering technological advancement.

<small>Source: The Guardian — read the original story there.</small>

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