The Times Australia
The Times World News

.
The Times Real Estate

.

Books 3 has revealed thousands of pirated Australian books. In the age of AI, is copyright law still fit for purpose?

  • Written by Dilan Thampapillai, Dean of Law, University of Wollongong, University of Wollongong

Thousands of Australian books have been found[1] on a pirated dataset of ebooks, known as Books3, used to train generative AI. Richard Flanagan, Helen Garner, Tim Winton and Tim Flannery are among the leading local authors affected – along, of course, with writers from around the world.

A search tool[2] published by the Atlantic[3] makes it possible for authors to find out whether their books are among the nearly 200,000 in the Books3 dataset.

Many of these writers have reacted angrily about their works being included in these datasets without their knowledge or consent. Flanagan told the Guardian[4], “I felt as if my soul had been strip mined and I was powerless to stop it”.

“Turning a blind eye to the legitimate rights of copyright owners threatens to diminish already-precarious creative careers,” said Olivia Lanchester, chief executive of the Australian Society of Authors, in an official response[5] this week.

AI moving at speed

Authors have turned to copyright law because it is the body of law that has traditionally protected authors and other creators from the appropriation of their works.

However, laws designed for the pre-AI era have little meaning in the post-OpenAI world.

Just last year, the issue of AI was only faintly on the cultural radar. But while AI technology is moving at high speed, the law moves slowly.

It took a very significant amount of time for copyright law to first appear. The first copyright law, the Statute of Anne[6], emerged in 1710 after protracted lobbying by stationers (publishers).

In a more modern context, it took 20 years from the time Australian courts first recognised a system of Aboriginal law existed, with the Milirrpum decision[7] in 1971 – meaning terra nullius was implausible – to the High Court handing down the landmark Mabo decision[8] that erased terra nullius, in June 1992. In the interim, injustice reigned.

The question that now confronts us is whether we can wait for the law to catch up with the rapid advances of technology – or whether we must jumpstart the process.

Read more: Authors are resisting AI with petitions and lawsuits. But they have an advantage: we read to form relationships with writers[9]

A spate of copyright disputes

There has been a spate of copyright disputes around AI datasets and copyright-protected works.

Earlier this month, the US Authors Guild filed a class action[10], with 17 authors including Jonathan Franzen and Jodi Picoult, against OpenAI for copyright infringement.

This followed the first copyright lawsuit[11] against OpenAI in July. It was filed by authors Mona Awad and Paul Tremblay, for using their books to train its AI, ChatGPT, without their consent.

And in August, Benji Smith was forced to take down[12] his website Prosecraft, which used an algorithm to trawl through more than 25,000 books (again, without authors’ consent) to produce analysis designed to give writing advice.

Read more: Two authors are suing OpenAI for training ChatGPT with their books. Could they win?[13]

Copyright is not the answer

While it’s true that the uploading of works into a dataset is an act of copyright infringement, that only pertains to a one-off act of infringement.

No doubt, the liability would be large if thousands of works were involved and thousands of authors were to sue (as with the US Authors Guild class action), but the damages obtained by an individual author would be relatively small, making it not worth suing. The large commercial interests driving the development of the datasets and related AI tools are likely to withstand these lawsuits even if they are found liable.

Likewise, copyright law’s rules on fair dealing[14] in Australia and fair use in the United States would likely protect some uses.

Further, the outputs from AI that have been trained on these datasets are not likely to result in works that satisfy the substantial similarity threshold (which means that when the two works are compared side by side, they must be similar) for copyright infringement in most jurisdictions, including Australia.

Read more: Prosecraft has infuriated authors by using their books without consent – but what does copyright law say?[15]

‘A type of market failure’

Copyright law has previously had to balance the interests of creators with those of technology developers.

This happened when the photocopier was invented, when video cassette recorders were developed, when blank tapes became widely available and when peer-to-peer copyright infringement took off during the digital era.

The difference then was that these technologies did not fundamentally threaten artistic and creative labour in the way AI does.

To appropriate a part of someone’s market is a radically different thing to producing a product that could entirely displace them in that market.

Yet this is the direction we’re heading in. And it requires a very significant rethink about the regulation of technology.

A type of market failure is occurring here, because authors are not being compensated even though their works, collectively, are the basis for new and commercially viable AI products.

When the sale of blank tapes began, the government responded[16] with a levy on every blank tape sale, which sent money back to copyright owners.

Something like the blank tape levy might need to be considered for AI. This would mean every time somebody uses an OpenAI-type tool for which they pay a fee, some small portion of the fee would revert to copyright owners.

References

  1. ^ have been found (www.abc.net.au)
  2. ^ search tool (full-stack-search-prod.vercel.app)
  3. ^ the Atlantic (www.theatlantic.com)
  4. ^ told the Guardian (www.theguardian.com)
  5. ^ an official response (www.asauthors.org.au)
  6. ^ Statute of Anne (www.historyofinformation.com)
  7. ^ Milirrpum decision (en.wikipedia.org)
  8. ^ landmark Mabo decision (theconversation.com)
  9. ^ Authors are resisting AI with petitions and lawsuits. But they have an advantage: we read to form relationships with writers (theconversation.com)
  10. ^ filed a class action (authorsguild.org)
  11. ^ the first copyright lawsuit (theconversation.com)
  12. ^ forced to take down (theconversation.com)
  13. ^ Two authors are suing OpenAI for training ChatGPT with their books. Could they win? (theconversation.com)
  14. ^ fair dealing (theconversation.com)
  15. ^ Prosecraft has infuriated authors by using their books without consent – but what does copyright law say? (theconversation.com)
  16. ^ the government responded (classic.austlii.edu.au)

Read more https://theconversation.com/books-3-has-revealed-thousands-of-pirated-australian-books-in-the-age-of-ai-is-copyright-law-still-fit-for-purpose-214637

The Times Features

Understanding the Dangers of Ignoring a Gas Leak

Gas leaks are silent threats lurking within both homes and workplaces. A gas leak occurs when natural gas or any other gaseous substance escapes from a pipeline or containment. T...

Can You Sell Your House Privately in Queensland? Here’s How

Selling a house privately in Queensland is entirely possible and can be a cost-effective alternative to using a real estate agent. While agents provide valuable expertise, their co...

Itinerary to Maximize Your Two-Week Adventure in Vietnam and Cambodia

Two weeks may not seem like much, but it’s just the right time for travelers to explore the best of Vietnam and Cambodia. From the bustling streets of Hanoi to the magnificent te...

How to Protect Your Garden Trees from Wind Damage in Australia

In Australia's expansive landscape, garden trees hold noteworthy significance. They not only enhance the aesthetic appeal of our homes but also play an integral role in the local...

Brisbane Homeowners Warned: Non-Compliant Flexible Hoses Pose High Flood Risk

As a homeowner in Brisbane, when you think of the potential for flood damage to your home, you probably think of weather events. But you should know that there may be a tickin...

Argan Oil-Infused Moroccanoil Shampoo: Nourish and Revitalize Your Hair

Are you ready to transform your hair from dull and lifeless to vibrant and full of life? Look no further than the luxurious embrace of Argan Oil-Infused Moroccanoil Shampoo! In a...

Times Magazine

"Eternal Nurture" by Cara Barilla: A Timeless Collection of Wisdom and Healing

Renowned Sydney-born author and educator Cara Barilla has released her latest book, Eternal Nurture, a profound collection of inspirational quotes designed to support mindfulness, emotional healing, and personal growth. With a deep commitment to ...

How AI-Driven SEO Enhancements Can Improve Headless CMS Content Visibility

Whereas SEO (search engine optimization) is critical in the digital landscape for making connections to content, much of it is still done manually keyword research, metatags, final tweaks at publication requiring a human element that takes extensiv...

Crypto Expert John Fenga Reveals How Blockchain is Revolutionising Charity

One of the most persistent challenges in the charity sector is trust. Donors often wonder whether their contributions are being used effectively or if overhead costs consume a significant portion. Traditional fundraising methods can be opaque, with...

Navigating Parenting Arrangements in Australia: A Legal Guide for Parents

Understanding Parenting Arrangements in Australia. Child custody disputes are often one of the most emotionally charged aspects of separation or divorce. Parents naturally want what is best for their children, but the legal process of determining ...

Blocky Adventures: A Minecraft Movie Celebration for Your Wrist

The Minecraft movie is almost here—and it’s time to get excited! With the film set to hit theaters on April 4, 2025, fans have a brand-new reason to celebrate. To honor the upcoming blockbuster, watchfaces.co has released a special Minecraft-inspir...

The Ultimate Guide to Apple Watch Faces & Trending Wallpapers

In today’s digital world, personalization is everything. Your smartwatch isn’t just a timepiece—it’s an extension of your style. Thanks to innovative third-party developers, customizing your Apple Watch has reached new heights with stunning designs...

LayBy Shopping