Australian Government rules out TDM exception
APRA AMCOS welcomes Attorney-General’s commitment to maintain strong copyright framework
A TDM exception would have legitimised the industrial-scale theft of music and other cultural and creative sector intellectual property
APRA AMCOS has welcomed the Australian Government’s decision to rule out a Text and Data Mining (TDM) exception and maintain strong copyright act protections in the AI age.
Attorney-General Michelle Rowland has confirmed today the Government has no plans to weaken copyright laws, closing the door on a TDM exception that would have legitimised the industrial-scale theft of music and other cultural and creative sector intellectual property.
The announcement comes after sustained pressure from Tech Council chair Scott Farquhar, the Business Council of Australia and foreign tech companies seeking changes to Australia’s copyright laws to avoid licensing obligations for AI training.
“This is a significant moment for Australian creators and our cultural sovereignty,” says Dean Ormston, CEO of APRA AMCOS. “The Australian Government has recognised that Australia’s world-leading licensing framework is the pathway to ethical AI development, not a barrier to innovation.
“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.
“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."
APRA AMCOS also welcomes the reconvening this week of the Copyright and AI Reference Group (CAIRG), of which APRA AMCOS is a member. The group will examine key policy issues as AI technology develops.
“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," Ormston adds. “Other nations are watching closely as we chart a course that respects both innovation and creator rights.”
APRA AMCOS’s landmark AI and Music Report revealed that 97% of its members demand AI platforms disclose when they use copyrighted works as training data, with expectation there is consent, credit and remuneration when using cultural IP.
The Report found that by 2028, 23% of music creators’ revenues will be at risk due to the unlicensed use of music by generative AI platforms, representing cumulative damage exceeding $519 million.
“Australia has a $975 million music export economy and an $8.78 billion music industry,” concludes Ormston. “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.”
