AI threatens Indigenous artists’ control over cultural work, Sally Scales warns

Pitjantjatjara artist Sally Scales has warned that artificial intelligence is stripping First Nations artwork of its cultural connections and turning it into what she calls “Temu slop”. Scales, who chairs the National Gallery of Australia’s First Nations advisory group, said the technology threatens artists’ agency and the authenticity of their work while taking cultural knowledge.

Her concerns come despite prime minister Anthony Albanese’s promise to protect Australian creatives against copyright theft and attorney general Michelle Rowland’s assurance that copyright protections will not be weakened. Works by prominent Australian artists, including Kylie Minogue and Nick Cave, have already been used to train AI without compensation. Experts say Indigenous cultural and intellectual property faces particular risks when companies collect material available online, including paintings and songs containing sacred or cultural knowledge.

Searches of Temu, Shein and Amazon show numerous products presented as Aboriginal paintings, alongside coasters and stubby holders featuring Aboriginal-style designs. Most do not identify an artist. Scales said she had seen work whose origins were unclear, leaving her questioning whether a First Nations person or community had been involved. She said such material lacked the family lineage, lived experience and connection that underpin an artist’s work.

Professor Kathy Bowrey, an intellectual property specialist at UNSW Law, said one in five creators already experienced copyright infringement problems without AI. For First Nations creators, she said, limited control over ownership and a lack of respect for Aboriginal culture added further complications. An organisation might pay to use artwork or an image of an Aboriginal person, then employ AI to repurpose it without seeking further permission. Artists could consequently lose repeat commissions and find their new work competing with AI output.

The National Association for the Visual Arts, known as Nava, raised these concerns in a submission to the joint select committee inquiry on artificial intelligence. It cited research by Wuthathi and Meriam lawyer Terri Janke documenting the scraping of Indigenous art centre websites, the removal of artists’ names and alterations to their work. Janke has also warned that AI may reproduce cultural knowledge without considering accuracy or whether its use is appropriate.

Nava said its members were concerned about generated designs that imitate techniques, stories, motifs and marks specific to particular communities. Marketing these images as Indigenous or Indigenous-inspired could spread misinformation, damage communities culturally and economically, and compete with First Nations artists. The organisation said Indigenous data sovereignty means First Nations peoples have authority over their own data, cultural material and knowledge.

Bowrey and creative technologies expert associate professor Oliver Bown have proposed a Copyright Plus framework. Their proposals include requiring AI companies to disclose data sources and allowing artists to refuse scraping or imitation of their work. They also advocate a levy on AI companies to support payments to creative professionals and a cultural fund, alongside takedown notices for fake content.

A spokesperson for the attorney general said the government remained committed to supporting Australian creatives. Consultation with creators, media organisations and AI companies was continuing, the spokesperson said, with the aim of ensuring any future copyright changes provide meaningful control and fair compensation.