AI Copyright Overhaul Could Breach Australian Constitution, Warn Experts and Recording Industry

Proposed changes to Australian copyright law that would allow AI companies to scrape music, books, and journalism from the internet could violate the constitution, according to leading constitutional expert Anne Twomey and the recording industry. The attorney general's department acknowledged it is 'extremely alive' to the issue, while Coalition senators warn the move could open Australia to massive legal action and compensation claims from rights holders worldwide. Twomey said that depending on how legislation is drafted, granting AI firms permission to scrape copyrighted material could 'potentially' amount to an acquisition of property by the government, which would require just terms under section 51(xxxi) of the constitution. The concerns echo broader global debates over AI training data, with creators arguing their work is being used without fair compensation. If the government proceeds without addressing these constitutional risks, it could face a landmark High Court challenge that reshapes how AI and copyright coexist in Australia.