OpenAI is considering paying Australian creatives

For a long time, we have been asking: when will Australia finally stop AI companies from using artists' and creators' work without permission or payment? The Albanese government has started taking a stronger position on data centres, but we have been waiting for technology companies to explain what they plan to do about copyright.

AI is becoming a threat to the future of writers, as well as artists, photographers, designers and other creative workers. Now, OpenAI, the company behind ChatGPT and other AI projects, is finally responding to calls for action.

Earlier this week, OpenAI told a joint parliamentary committee that it could "potentially" agree to pay into a fund for Australian creative workers. The fund could compensate them for local content used to train AI models. Here is what you need to know...

What did OpenAI say, exactly?

Earlier this week, OpenAI gave documents to a parliamentary inquiry into the use of AI in Australia. The documents answered a question from Labor MP Tim Watts about whether the company would consider paying Australian creators through a proposed new policy.

"Potentially," the document said. "This would depend on the activities and data that are in scope, the opt-out requirement, total fees and whether the scheme provides legal certainty. All of these factors, in sum, would have to be competitive with other jurisdictions, particularly the US."

What does this mean?

OpenAI is saying that it may be willing to pay into a fund that rewards Australian creators when their work is used to train AI models. Such a plan could also help clear the way for billions of dollars in investment in Australian data centres.

In simple terms, this statement could offer a way to move forward after copyright concerns have caused a standstill.

It is important to understand that paying into a shared fund would be different from the individual deals OpenAI and other AI companies have made with media organisations such as Politico and the Financial Times.

How would Australian creators sign up to get paid?

It is not yet clear how this would work. Australia does not currently have a dedicated fund run by the government or across the industry to compensate creators for their work being used by AI.

For now, creators can follow major industry organisations and advocacy groups, such as the Media, Entertainment & Arts Alliance, to keep up with policy changes and push for fair ways to pay creators.

Will other AI companies follow suit?

It is difficult to know.

Earlier this month, Anthropic's general counsel, Jeff Bleich, told a joint parliamentary committee that an agreement to pay into a fund for creative workers was one possible option. However, he said Australia should "forge its own system to provide legal certainty under copyright."

"There is an opportunity to create a uniquely Australian framework that can deliver legal certainty for training-scale investment while generating direct support for Australian creators," Bleich said.