TLDR: The Australian Federal Government has decided against introducing a Text and Data Mining (TDM) exception into copyright law for generative AI. This decision has been welcomed by industry bodies Screenrights, the Australia New Zealand Screen Association (ANZSA), and Screen Producers Australia (SPA), who argue that the existing Copyright Act is sufficient and that this move protects creators while allowing for innovation.
In a significant move for Australia’s creative industries and the burgeoning field of artificial intelligence, the Federal Government has announced its decision to rule out a Text and Data Mining (TDM) exception for generative AI within Australian copyright law. This announcement, made on October 26, 2025, has been met with strong approval from key industry organizations including Screenrights, the Australia New Zealand Screen Association (ANZSA), and Screen Producers Australia (SPA).
The three bodies released a joint statement welcoming the Attorney’s announcement, asserting that ‘Australia’s Copyright Act is fit for purpose.’ They described the decision as ‘sensible and pragmatic,’ one that fosters innovation and creativity in tandem, benefiting rights holders, creators, AI developers, and the Australian public and audiences alike.
This decision comes amidst a broader national and international debate regarding the use of copyrighted materials to train AI models. Previously, the Australian Productivity Commission’s interim report, ‘Harnessing data and digital technology,’ had proposed a new ‘fair dealing’ exception to allow TDM for AI training without explicit permission or compensation to copyright holders. Proponents of such an exception highlighted the economic promise of AI innovation, with projections suggesting a potential $116 billion increase in GDP over the next decade and wage increases of approximately A$4,300 per person. Figures like Atlassian co-founder Scott Farquhar had argued that copyright reform could attract billions in foreign investment.
However, this proposal faced fierce criticism from a wide array of creative industries, authors, publishers, musicians, and industry bodies. Critics warned that a TDM exception would undermine creators’ rights, potentially legalizing the unauthorized use of intellectual property by multinational tech firms, and risking Australia’s cultural economy. Concerns were raised about the large-scale theft of intellectual property for commercial purposes and the disproportionate benefit to tech companies at the expense of Australian creators.
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Leaders of the welcoming organizations underscored the importance of the government’s stance. James Dickinson, CEO of Screenrights; Matthew Deaner, CEO of Screen Producers Australia; and Paul Muller, CEO of the Australia New Zealand Screen Association, all endorsed the government’s decision, emphasizing the balance it strikes between technological advancement and the protection of creative works. The rejection of the TDM exception signals a commitment to maintaining a robust copyright framework that incentivizes original creation and ensures fair compensation for the use of creative content in the age of artificial intelligence.
