Making a submission to the Productivity Commission

See overview of Productivity Commission (PC) interim report on Harnessing Data and Digital Technology here, and member Q&As here.

Submissions on Interim Report due: 15 September 2025

How to make a submission: see the PC’s guidance for submissions here, then click ‘Next’ (bottom right) to upload your submission (here).

The PC has asked for feedback on:

  1. Should the Australian Copyright Act be changed to introduce a ‘text and data mining’ (TDM) exception that would allow the use of other people’s content for AI training and data analysis, without payment?
  2. Should there be other changes to the Copyright Act?

Some key points:

  • People working in the creative industries oppose a TDM exception because it would take away their entitlement to payment for AI development in Australia that uses their works, and is unnecessary for ethical AI development that benefits Australians
  • It is difficult to address the unauthorised, unpaid use of Australians’ content for AI training in other countries by changing Australia’s Copyright Act, because copyright laws apply on a territory by territory basis
  • The Australian Copyright Act already allows for the legal use of other people’s content for AI-related activities in Australia, including under licensing arrangements

If you would like further information or assistance, please contact our Member Services Team.

Share Tweet