The Times Australia
The Times World News

.

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

Times Magazine

Headless CMS in Digital Twins and 3D Product Experiences

Image by freepik As the metaverse becomes more advanced and accessible, it's clear that multiple sectors will use digital twins and 3D product experiences to visualize, connect, and streamline efforts better. A digital twin is a virtual replica of ...

The Decline of Hyper-Casual: How Mid-Core Mobile Games Took Over in 2025

In recent years, the mobile gaming landscape has undergone a significant transformation, with mid-core mobile games emerging as the dominant force in app stores by 2025. This shift is underpinned by changing user habits and evolving monetization tr...

Understanding ITIL 4 and PRINCE2 Project Management Synergy

Key Highlights ITIL 4 focuses on IT service management, emphasising continual improvement and value creation through modern digital transformation approaches. PRINCE2 project management supports systematic planning and execution of projects wit...

What AI Adoption Means for the Future of Workplace Risk Management

Image by freepik As industrial operations become more complex and fast-paced, the risks faced by workers and employers alike continue to grow. Traditional safety models—reliant on manual oversight, reactive investigations, and standardised checklist...

From Beach Bops to Alpine Anthems: Your Sonos Survival Guide for a Long Weekend Escape

Alright, fellow adventurers and relaxation enthusiasts! So, you've packed your bags, charged your devices, and mentally prepared for that glorious King's Birthday long weekend. But hold on, are you really ready? Because a true long weekend warrior kn...

Effective Commercial Pest Control Solutions for a Safer Workplace

Keeping a workplace clean, safe, and free from pests is essential for maintaining productivity, protecting employee health, and upholding a company's reputation. Pests pose health risks, can cause structural damage, and can lead to serious legal an...

The Times Features

The Role of Your GP in Creating a Chronic Disease Management Plan That Works

Living with a long-term condition, whether that is diabetes, asthma, arthritis or heart disease, means making hundreds of small decisions every day. You plan your diet against m...

Troubleshooting Flickering Lights: A Comprehensive Guide for Homeowners

Image by rawpixel.com on Freepik Effectively addressing flickering lights in your home is more than just a matter of convenience; it's a pivotal aspect of both home safety and en...

My shins hurt after running. Could it be shin splints?

If you’ve started running for the first time, started again after a break, or your workout is more intense, you might have felt it. A dull, nagging ache down your shins after...

Metal Roof Replacement Cost Per Square Metre in 2025: A Comprehensive Guide for Australian Homeowners

In recent years, the trend of installing metal roofs has surged across Australia. With their reputation for being both robust and visually appealing, it's easy to understand thei...

Why You’re Always Adjusting Your Bra — and What to Do Instead

Image by freepik It starts with a gentle tug, then a subtle shift, and before you know it, you're adjusting your bra again — in the middle of work, at dinner, even on the couch. I...

How to Tell If Your Eyes Are Working Harder Than They Should Be

Image by freepik Most of us take our vision for granted—until it starts to let us down. Whether it's squinting at your phone, rubbing your eyes at the end of the day, or feeling ...