Art ‘must not be sacrificed on the altar of corporate profit’ Liberal senator says as AI policy debate rages

Outspoken Liberal senator Andrew McLachlan has raised the alarm about the approach of his party and the Labor government to AI, urging artists’ copyright not be “sacrificed” for investment and that building new datacentres must not be prioritised above environmental concerns.

As Labor considers copyright changes in an AI policy suite including datacentres, online safety, energy resources and economic benefits, the South Australian backbencher added weight to mooted constitutional challenges as to whether watering down copyright law would be an illegal acquisition of property.

“The works [artists] create must not be sacrificed on the altar of global corporate profiteering,” he said.

“Artists’ property rights must be respected and protected. It is unimaginable that as a nation we might value the machine over beauty created by the artist”.

Although the prime minister, Anthony Albanese, has previously declared it would be “theft” if creatives weren’t paid for their work, some AI companies have rejected making agreements under existing copyright laws, arguing it is too difficult.

AI companies have said they need legal certainty on the copyright issue before investing in Australia, with Anthropic putting foward an “opt out” model which would allow it to scrape music, books and journalism unless a rights holder signals an objection.

Leading voices in the recording industry have raised alarm about any changes to weaken existing copyright law.

McLachlan said the work of artists “nourishes the soul of our nation”, and demanded art be prioritised over the demands of big tech.

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“The principle of fair pay for a fair day’s work must not be forgotten in the age of social media platforms, datacentres and artificial intelligence. AI provides amazing opportunities for our nation. If there are trade-offs then the costs must be clearly articulated and understood.”

Labor and the Coalition have largely agreed on AI-related issues; senator David Pocock has complained about a major party “stitch-up” on AI regulation. This week, the shadow home affairs minister, Jonno Duniam, and the shadow cybersecurity minister, Aaron Violi, said in a statement that AI was “too important to become an unnecessarily partisan political contest”, saying they’d “engage constructively” to ensure an “enduring and multipartisan approach” to the technology.

But fellow Coalition members Ross Cadell and Michaelia Cash have backed concerns raised by Aria that granting AI companies permission to scrape copyrighted material from the internet could amount to an acquisition of property by the government; the constitutional imperative that the government must acquire property “on just terms” is emerging as a key concern in the copyright debate.

McLachlan said any potential compensation arrangements must be considered on an individual basis for each artist, adding it would be difficult to ensure an industry-wide scheme would be fair.

“As a Liberal, I believe property rights are foundational to a healthy democracy and a strong economy,” he said.

“The state should never seek to compulsorily acquire or trade away an individual’s property rights except in very limited circumstances and not without just compensation.”

Labor and the Coalition are both in favour of attracting more AI investment and datacentres to Australia, but the opposition has warned the government against “selling out” Australian rights holders in a rush to secure investment.

The growth of datacentres in Australia is expected to increase emissions and power costs for households, prompting backlash from environmental groups and some communities.

McLachlan, who has spoken strongly on conservation and environmental issues, said: “Datacentres must not be built at the expense of our biodiversity.

“We must explore ways to build sovereign AI capability in a sustainable way.

“I choose real forests over virtual ones.”

Earlier this week, Labor announced it will set up a new AI safety regulator and implement six key obligations on AI companies after a breach of government sites by OpenAI.

Labor’s AI package is expected to be unveiled before the end of the year.