Australian Copyright Law Impedes the Development of Artificial Intelligence: What Are the Options?

22 Pages Posted: 30 Dec 2020

Date Written: October 27, 2020

Abstract

Artificial Intelligence (AI) is an emerging technology that has a huge potential in contributing to the Australian economy and addressing economic and social problems in society. However, Australian copyright laws are likely to impede the development of AI, and machine learning in particular, by requiring authorization every time when copyrighted content is used in machine learning processes. This puts Australian AI industries in competitive disadvantage, since other AI-focused jurisdictions, such as the US, EU, UK and Japan, allow such use under copyright exceptions. After analyzing the scope of copyright with relation to machine learning and licensing options, this paper examines different copyright exceptions (fair use, fair dealing and EU-style specific TDM exception) as potential solutions for Australia.

Keywords: Artificial Intelligence, Copyright, Australia, Text and Data Mining Exception, Fair Use

Suggested Citation

Matulionyte, Rita, Australian Copyright Law Impedes the Development of Artificial Intelligence: What Are the Options? (October 27, 2020). Available at SSRN: https://ssrn.com/abstract=3720289 or http://dx.doi.org/10.2139/ssrn.3720289

Rita Matulionyte (Contact Author)

Macquarie Law School ( email )

North Ryde
Sydney, New South Wales 2109
Australia

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