Albanese rules out AI copyright law exception
Anthony Albanese says there will be no TDM change to the Copyright Act
The Albanese Government has declared it will not give a copyright exemption to technology companies training AI systems on Australian creations.
In a statement issued on Sunday evening, the government did not rule out changes to copyright laws — and said it be consulting with interested parties — but made clear “this will not include a text and data mining (TDM) exception.”
Recently, members of the tech industry have proposed a “fair use” amendment to the copyright law that would allow AI developers to use the works of Australian artists for free, and without permission, to train their systems.
Scott Farquhar, Atlassian founder and CEO of the Tech Council of Australia led this charge, telling ABC’s 7.30 in August that “all AI usage of mining or searching or going across data is probably illegal under Australian law and I think that hurts a lot of investment of these companies in Australia.”
Farquhar’s argument was that the advancements made possible by such an exemption would be of a larger net benefit to the Australian economy than any loss of copyright control.
The changes was also floated in a Productivity Commission report that met with fierce rebuttals from industry groups, publishers, and other content owners.
The Albanese Government has ruled such an amendment out, saying in its statement it “stands behind Australia’s creative industries and, by ruling out a text and data mining exception, is providing certainty to Australian creators.”
On Monday, the government’s Copyright and AI Reference Group (CAIRG) will convene to discuss whether a new paid collective licensing framework should be established for AI, or whether a voluntary licensing framework will remain.
It will also look to clarify or update how copyright law applies to material generated through the use of AI, and explore potential new small claims forums to address and enforce existing rights where “lower-value” copyright infringement occurs.
“Artificial Intelligence presents significant opportunities for Australia and our economy, however it’s important that Australian creatives benefit from these opportunities too,” Attorney-General Michelle Rowland said in the statement.
“Australian creatives are not only world class, but they are also the lifeblood of Australian culture, and we must ensure the right legal protections are in place.
“This Government has repeatedly said that there are no plans to weaken copyright protections when it comes to AI.
Attorney-General Michelle Rowland says any change must ensure ‘creators are compensated’
“The tech industry and the creative sector must now come together and find sensible and workable solutions to support innovation while ensuring creators are compensated.”
News Corp Australasia’s executive chairman Michael Miller was among numerous sector leaders to applaud the government’s stance.
He called it “the correct decision to maintain Australia’s copyright settings” in a statement issued by News Corp on Monday morning.
“The Government’s announcement is a welcome catalyst for tech and AI companies to licence Australian content,” Miller wrote.
“By upholding the creator’s right to control access, terms of use and payment it reinforces that our copyright law works to ensure effective market outcomes. The announcement secures a sustainable and thriving future for Australia’s culture, news media and creative sectors, guaranteeing that Australian stories will continue to resonate powerfully at home and across the world, which is vital for a robust democracy.”
As the local boss of News Corp, Miller has financial incentives to support such a stance, outside of simple copyright protection. In May 2024, News Corp struck a deal with OpenAI to give the tech giant access to current and archived content from all of News Corp’s publications, in order to train its machines.
Any copyright amendment in Australia would threaten the value of this “historic, multi-year agreement”. Miller addressed this topic earlier in the month during a Melbourne Press Club speech titled ‘The Big Steal’.
Michael Miller called the government’s statement “a welcome catalyst for tech and AI companies to licence Australian content.”
Annabelle Herd, CEO of copyright collecting society PPCA, said the decision “reinforces Australia’s commitment to its artists and creative industries, ensuring that consent, control, and compensation remain at the heart of copyright in the age of artificial intelligence.”
In a statement issued on Monday morning, Herd said such a stance “recognises the inherent value of Australian creativity and culture, including First Nations Culture. It recognises that copyright and IP laws are the foundation of the creative economy, the digital economy, and the technology industry.”
Herd said PPCA representatives, including artists and industry leaders, will be in Canberra this week as part of the Copyright and AI Reference Group where they will “make the case for keeping Australia’s cultural sovereignty intact”.
“Make no mistake: it is not for tech giants to determine how creator’s IP is utilised, even in negotiation,” Herd continued.
“There are no grounds for new loopholes or amendments that diminish a creator’s right to transparency and permission over how their work is used.
“Protecting that agency is how we build a creative economy that continues to grow, inspire and compete globally.”
Bridget Fair, CEO for Free TV, the peak industry body for Australia’s commercial free-to-air broadcasters, also welcomed the decision in a statement issued on Friday morning, applauding the government for recognising “we don’t need to weaken copyright protections to drive innovation – quite the opposite”.
“Current copyright law already creates the right environment for negotiations between rightsholders and technology companies through proper licensing frameworks,” Fair said.
“Commercially negotiated licensing agreements – supported by meaningful transparency requirements – will deliver better outcomes across the board.
“Australian technology companies will gain access to high-quality licensed data, ensuring confidence in AI outputs and genuine productivity improvements. News organisations and content creators will be able to licence their copyright material to receive fair compensation for their work.
“This approach strengthens both our creative industries and our technology sector.”
Below is the full text from the Albanese government’s statement.
The Albanese Government is consulting on possible updates to Australia’s copyright laws – while reiterating that this will not include a Text and Data Mining Exception.
Some in the technology sector called for the introduction of a broad Text and Data Mining Exception in Australian copyright law.
Under such a proposal, Artificial Intelligence (AI) developers would be able to use the works of Australian creators for free and without permission to train AI systems.
The Government stands behind Australia’s creative industries and, by ruling out a Text and Data Mining Exception, is providing certainty to Australian creators.
While the Government is not considering a Text and Data Mining Exception, work is underway to ensure that Australia is prepared for future copyright challenges emerging from AI – so that Australian creators are protected and supported while unlocking new uses of copyright material.
The Government is convening our Copyright and AI Reference Group (CAIRG) over the next two days to discuss three priority areas:
- Encourage fair, legal avenues for using copyright material in AI
Examining whether a new paid collective licensing framework under the Copyright Act should be established for AI, or whether to maintain the status quo through a voluntary licensing framework.
- Improve certainty
Explore opportunities to clarify or update how copyright law applies to material generated through the use of AI.
- Avenues for less costly enforcement
Make it easier to enforce existing rights through a potential new small claims forum to efficiently address lower-value copyright infringement matters.
Artificial Intelligence is an exciting technological frontier full of opportunities, and we should be harnessing these opportunities for the benefit of local industries like our creative and media sectors, working with them, rather than at their expense.
The Government will continue to work with creators and technology companies on ways to unlock AI innovation which benefits everyone.
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