06/08/2025

The Australian Publishers Association (APA) is deeply concerned by proposals outlined by the Productivity Commission for a text and data mining (TDM) exception to the Copyright Act.

The Productivity Commission’s interim report includes draft proposals that, if adopted, would allow for the ingestion at scale of the works of Australian authors, researchers, and publishers - without permission or compensation.

Such activity would dismantle the legal and commercial frameworks that sustain Australian publishing, and undermine the National Cultural Policy’s commitments to the work and livelihoods of Australian creators.

“Strong copyright is the foundation on which our creators continue to have protection and recognition, and our industry can support innovation,” said Julie Burland, APA President and CEO of Penguin Random House Australia.

APA CEO Patrizia Di Biase-Dyson said, “We support responsible innovation, but this draft proposal rewards infringers over investors.”

“We reject the notion that Australian stories and learning materials – that shape our culture and democracy – should be treated as free inputs for corporate AI systems.”

“Australian publishers are already working with responsible AI companies that respect copyright to negotiate licensing agreements. Exceptions would destroy these emerging markets before they’ve had a chance to mature.”

The APA joins a growing coalition of cultural and creative organisations — including the Australian Society of Authors (ASA) - calling for maintenance of a copyright framework that supports both technological innovation and cultural sustainability.

The Productivity Commission is seeking feedback on its TDM proposal before finalising its recommendations.

The APA will make a formal submission urging the Australian Government to reject any proposals that weaken copyright protections and damage Australia’s creative economy.