22/12/2025

The Australian Publishers Association acknowledges the Productivity Commission’s final report on data and digital technology (Harnessing Data and Digital Technology – Inquiry Report, 19 December 2025), which recognises that licensing is the appropriate mechanism for artificial intelligence companies to access copyright-protected creative content.

In its final report, the Commission recommends the government monitor developments in AI licensing markets rather than implement a text and data mining (TDM) exception. It concludes that it would be “premature to make changes to Australia’s copyright laws”, and recommends that the government conduct a review of Australia’s copyright settings over the next three years before considering any potential AI-specific exemptions. 

"These findings reaffirm licensing as the appropriate pathway for AI access to creative works, upholding the value of Australian stories and the right of creators to decide how their work is used.”
- Patrizia Di Biase-Dyson, CEO of the Australian Publishers Association (APA).

This position reflects the complexity of the issues raised by artificial intelligence and copyright, particularly at a time when AI technologies, business models and regulatory responses are still rapidly evolving.

Caution against premature copyright reform
The Commission’s assessment that changes to copyright law would be premature underscores the risks associated with introducing broad AI-related exceptions in the absence of sufficient evidence about their economic, cultural and legal impacts.

For publishers, copyright underpins the ability to invest in Australian writing, research, educational resources and cultural works. Any reform that weakens exclusive rights or removes the requirement for permission and remuneration would have far-reaching consequences for authors, publishers and the broader creative ecosystem.

The proposed three-year review provides an opportunity to assess how AI systems are accessing and using published works, the effectiveness of licensing arrangements in practice, and the impacts on creators, publishers and markets.  

The Australian Publishers Association will continue to engage constructively with government, the Productivity Commission and other stakeholders as policy development in this area progresses.