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ARTICLE · 26 AUGUST 2025

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Australian Productivity Commission Proposes Text & Data Mining Exception To Copyright Infringement For AI Training

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

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In response to a request to identify ‘priority reforms' under the Australian Government's productivity growth agenda, on 5 August 2025 the Productivity Commission released an interim report...

AustraliaIntellectual Property
Amalia Stone
Amalia Stone
Aaron Hayward
Aaron Hayward
Sarah Henkes-Younger
Sarah Henkes-Younger
Joshua Cooley
Joshua Cooley
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In response to a request to identify 'priority reforms' under the Australian Government's productivity growth agenda, on 5 August 2025 the Productivity Commission released an interim report entitled Harnessing data and digital technology. The report calls for consultation on reforms to ensure Australia's copyright regime remains up to date with advances and widespread adoption of AI technology. Among other policy options, the Productivity Commission proposes the adoption of a text & data mining exception to copyright infringement.

Background

In December 2024, the Treasurer, Jim Chalmers, requested the Productivity Commission "undertake five inquiries to identify priority reforms under each of the five pillars of the Government's productivity growth agenda and formulate actionable recommendations to assist governments to make meaningful and measurable productivity-enhancing reforms."1

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