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ARTICLE · 19 NOVEMBER 2025

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Australia's position on AI and copyright - text and data mining exemption rejected

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Federal Government announced that it will not introduce a TDM exemption into its copyright law, reinforcing a restrictive stance on copyright during the global AI boom.

AustraliaIntellectual Property
Katrina Crooks
Katrina Crooks
Jesmine Medina
Jesmine Medina
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The Australian Federal Government has announced that it will not introduce a text and data mining (TDM) exemption into Australian copyright law, reinforcing a restrictive stance on copyright during the global AI boom.

TDM exemption is a mechanism used in some countries which could potentially allow artificial intelligence companies scope to use copyrighted content to train AI models within Australia without infringing copyright laws.

While the rejection of TDM exemption is a positive outcome for Australian creatives, it is yet to be seen whether any other steps will be taken to adapt copyright protection in relation to AI.

Harnessing Data and Digital Technology report

The TDM exemption was floated by the Productivity Commission in its interim report published on 5 August 2025 as part of its ongoing inquiry into Harnessing Data and Digital Technology. In the report, the Productivity Commission discusses the challenges of fitting AI within Australia's current

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