Coalition Senators Warn AI Copyright Laws Breach Constitution

Coalition senators and the recording industry are warning that proposed changes to Australian copyright law could breach Section 51 of the Australian Constitution. The proposed reforms, intended to allow AI companies to scrape data for training, would permit the use of copyrighted music, books, and journalism without consent.

Ross Cadell, a Nationals Senator and member of the federal parliamentary committee on AI, argues that granting this permission would constitute an acquisition of property by the government without just terms compensation. This legal vulnerability could expose the federal government to massive compensation claims from rights holders worldwide. Annabelle Herd, CEO of the Australian Recording Industry Association, characterized the scraping of data as a clear acquisition of property that could lead to a constitutional challenge.

Shadow Attorney General Michaelia Cash urged the government not to sell out creators to attract AI investment. While Prime Minister Anthony Albanese has promised strong protections for creatives, some AI firms, including Anthropic, have proposed an opt-out model to bypass traditional licensing. The department of Attorney General Michelle Rowland has acknowledged it is aware of these constitutional concerns as the Labor government considers broader AI reforms.