What is the government's final stance on using copyrighted data for AI training?

The Australian Government authoritatively rejected the proposal for a Text and Data Mining exception on October 26, 2025. AI developers must now rely on market-based licensing rather than statutory exceptions to access the vast quantities of data required for model training.

How does this decision affect the regulatory environment for tech companies?

The policy focus has shifted to three priority areas managed by the Copyright and AI Reference Group, including licensing frameworks and enforcement. This move reinforces existing copyright protections and rejects the Productivity Commission's August 2025 interim report recommendations.

Will there be any new exceptions for AI developers in the near future?

Attorney-General Michelle Rowland has affirmed there are no plans to weaken copyright protections to facilitate AI development. The government is instead pursuing microeconomic reform to strengthen streamlined markets and leverage collecting societies for paid access.

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Australian Government rejects the PC’s TDM Exception for Copyright

The Albanese Government rejects the Productivity Commission's TDM proposal to protect creative industry property rights.

David Kennedy · Venture Insights27 October 2025Period: October 20254 min read

2025→

Year the Productivity Commission released its controversial interim report on data and digital technology

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Priority areas tasked to the Copyright and AI Reference Group for modernizing the copyright system

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Companies covered:

Abstract

The Australian Government has decisively rejected the Productivity Commission's (PC) proposal for a Text and Data Mining (TDM) exception to copyright law. This proposal, initially framed as a way to boost productivity by allowing AI developers free access to copyrighted data for model training, met with intense opposition from Australia's creative industries. Rights holders viewed the exception as an uncompensated transfer of intellectual property to large technology firms.

Key Takeaways

The Australian Government has officially rejected the Productivity Commission's proposal for a Text and Data Mining (TDM) copyright exception.
Attorney-General Michelle Rowland affirmed that there are no plans to weaken copyright protections for AI development.
The decision shifts the policy focus from statutory exceptions to market-based licensing and collaboration between tech and creative sectors.

Australian Government rejects the PC’s TDM Exception for Copyright

Abstract

Key Takeaways

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