Pitjantjatjara artist Sally Scales says AI-generated images that draw on First Nations art can weaken artists’ control over their work and its cultural meaning. The Guardian reported the comments on Nov. 1; Scales chairs the National Gallery of Australia’s First Nations Advisory Group, according to the gallery.
The Guardian said its searches of Temu, Shein and Amazon surfaced products described as Aboriginal paintings and items carrying Aboriginal-style designs, most without artist attribution. The report did not identify specific listings as AI-generated or link them to particular artists’ works.
The dispute involves more than copyright in individual artworks. IP Australia says ICIP covers cultural knowledge, expressions and heritage, including art, language, stories and symbols, but is not recognized as a legal right under Australian law. Some parts of ICIP can receive protection through existing intellectual-property rights.
NAVA said a July 2025 survey of more than 890 visual artists found over 80% believed AI posed risks to their income, practice and moral rights. The survey also found 73% supported compensation when their work is used to train AI systems. NAVA has called for opt-in consent, attribution and licensing protections.
Australia’s government has ruled out a copyright exception that would allow text and data mining without permission. Attorney-General Michelle Rowland said in September that voluntary licensing was the government’s preferred route, while consultations also cover penalties, audits and transparency.
The economic stakes predate generative AI. The Productivity Commission estimated that Australia’s Aboriginal and Torres Strait Islander visual arts and crafts market generated at least A$250 million in sales in 2019–20, and found that non-Indigenous-authored products accounted for up to A$54 million in spending that year. Those figures do not measure losses from AI.
A parliamentary committee examining AI and copyright is scheduled to report on Nov. 30, 2026. Its inquiry includes the use of Australian creative, cultural and media content in AI training.
