Liberal senator warns against sacrificing art for corporate AI profit

Liberal senator Andrew McLachlan has expressed significant concerns regarding the stance taken by both his own party and the Labor government on artificial intelligence. The South Australian backbencher argued that the copyright of artists must not be "sacrificed" to facilitate investment, while also insisting that the construction of new datacentres should not take precedence over environmental considerations.

The Labor government is currently evaluating potential copyright amendments as part of an AI policy suite that encompasses energy resources, economic benefits, online safety and datacentres. Senator McLachlan has further highlighted potential constitutional challenges, suggesting that any dilution of existing copyright laws could be viewed as an unlawful acquisition of property.

"The works [artists] create must not be sacrificed on the altar of global corporate profiteering," the senator stated. He added: "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 Prime Minister Anthony Albanese has described the failure to pay creatives for their work as "theft," certain AI firms have resisted entering agreements under current copyright frameworks, claiming such processes are overly complex. These companies are seeking legal certainty before committing to Australian investment, with Anthropic proposing an "opt-out" model that would permit the scraping of books, music and journalism unless a rights holder explicitly objects.

Representatives from the recording industry have expressed alarm regarding any proposals that might weaken current copyright protections. Senator McLachlan maintained that the efforts of artists "nourishes the soul of our nation," and urged that art be prioritised above the requirements of major technology firms.

"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," he remarked. "AI provides amazing opportunities for our nation. If there are trade-offs then the costs must be clearly articulated and understood."

While Labor and the Coalition have largely found common ground on AI issues, Senator David Pocock has criticised the major parties for what he described as a "stitch-up" regarding regulation. This week, shadow home affairs minister Jonno Duniam and shadow cybersecurity minister Aaron Violi stated that AI is "too important to become an unnecessarily partisan political contest" and pledged to "engage constructively" to ensure an "enduring and multipartisan approach."

However, Coalition colleagues Ross Cadell and Michaelia Cash have supported concerns voiced by Aria, suggesting that allowing AI companies to scrape copyrighted material could constitute an acquisition of property by the government. The constitutional requirement that the state must acquire property "on just terms" is becoming a central point in the copyright debate.

Senator McLachlan argued that compensation should be handled on an individual basis for every artist, noting the difficulties in establishing a fair industry-wide scheme. "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."

Both Labor and the Coalition support the goal of attracting AI investment and datacentres to Australia, though the opposition has cautioned the government against "selling out" Australian rights holders to secure such investment. The expansion of these facilities is expected to drive up household power costs and increase emissions, leading to criticism from environmental groups.

Senator McLachlan, who has frequently addressed conservation, stated: "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."

Following a breach of government sites by OpenAI, Labor has announced plans to establish a new AI safety regulator and introduce six key obligations for AI companies. The government’s full AI package is expected to be unveiled before the end of the year.