Australia rejects AI copyright exception to back creators’ rights

The Australian Government has determined that it will not introduce a Text and Data Mining (TDM) exception to copyright law, maintaining protections for creators' rights in the face of growing use of artificial intelligence technologies.

This decision follows advocacy on both sides of the policy debate, with tech industry leaders - including the Tech Council chair and major business groups - arguing for a TDM exception to facilitate AI training without requiring licensing from rights holders.

Attorney-General Michelle Rowland confirmed that there are no plans to dilute existing copyright protections. The decision marks a clear stance by the government amid lobbying from domestic and international technology companies seeking changes to Australia's copyright regime in the context of AI development.

Industry reaction

APRA AMCOS, which represents over 128,000 songwriters, composers and music publishers across Australia and Aotearoa New Zealand, has welcomed the decision. The organisation's Chief Executive Officer, Dean Ormston, described the announcement as a turning point for creators and the wider cultural sector.

"This is a significant moment for Australian creators and our cultural sovereignty. The Australian Government has recognised that Australia's world-leading licensing framework is the pathway to ethical AI development, not a barrier to innovation."

Ormston addressed arguments from technology groups regarding the role of copyright legislation in AI innovation, saying:

"For far too long, the tech sector has made the false claim that Australia's copyright framework is preventing AI development in Australia. This lobbying narrative has been thoroughly debunked. If copyright was truly the barrier the tech lobby claims, the multi-billion-dollar investments in Australia from companies including Amazon and OpenAI wouldn't be happening."

According to Ormston, tech companies are seeking jurisdictions prepared to lower copyright protections, and he called for constructive engagement on copyright licensing frameworks:

"From Washington, Brussels and London, to Beijing, Tokyo, New Delhi and Canberra - tech platforms are shopping for jurisdictions that will water down copyright legislation so that they can find ways to avoid paying creators while profiting from their cultural IP. "We're ready to work constructively to develop practical licensing solutions. This is everyday business for us. It's time for tech companies to stop delaying and start licensing discussions covering both the input and output of creative materials in AI platforms."

Policy and sector implications

As AI technology evolves, APRA AMCOS has also welcomed the reconvening of the Copyright and AI Reference Group (CAIRG), which includes industry, government and stakeholder voices. The group will continue to examine policy and regulatory approaches to questions posed by artificial intelligence and copyright.

Ormston views the government's position as reinforcing Australia's status on the international stage regarding protections for cultural and creative industries.

"Australia is demonstrating global leadership by maintaining strong copyright protections to encourage practical licensing pathways for AI. This will ensure the cultural and creative sector shares in the success of AI, and is not left out of the economic return. Other nations are watching closely as we chart a course that respects both innovation and creator rights."

Data from APRA AMCOS's recent AI and Music Report highlights the sector's concerns. The report found that 97% of surveyed members believe AI platforms should disclose when copyrighted materials are used as training data, and expect consent, credit, and remuneration for such use of their intellectual property.

Future risks to creators' incomes have also been identified. The same report noted that by 2028, up to 23% of music creators' revenues could be threatened by unlicensed use of their works through generative AI platforms, with cumulative potential losses estimated at more than AUD $519 million.

Ormston summarised the significance of the government's stance for both the sector and the broader economy:

"Australia has a AUD $975 million music export economy and an AUD $8.78 billion music industry. The Government's decision protects these jobs and our cultural sovereignty while ensuring AI development proceeds through fair licensing arrangements. "The question now is whether tech companies will engage in good faith or continue with the delaying tactics of thoroughly discredited arguments."