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Creative Work Can't Be Used by AI Without Permission

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The Australian Government has announced that creative works cannot be used by AI without the explicit consent of the creator. By rejecting a proposed Text and Data Mining (TDM) exception to copyright law, the Albanese Government has confirmed that artists, designers, writers, and other creators retain control over their work in the digital age.

The policy emphasizes that copyright is not a barrier to innovation but a foundation for it. Attorney-General Michelle Rowland stated that the government’s decision provides certainty for Australian creators, ensuring that AI systems cannot freely train on copyrighted material without permission.

The ruling affects a wide range of industries, from music and design to software, marketing, and media. Organisations using AI tools trained on copyrighted content may face legal and ethical risks if proper consent is not obtained. In response, businesses are updating contracts, NDAs, and internal AI governance policies to ensure responsible use and compliance.

Australia’s creative industries are a significant contributor to the national economy, generating over $115 billion annually and employing more than 600,000 people. Protecting creative work strengthens both economic and cultural sustainability. Licensing agreements between AI companies and rights holders demonstrate that ethical collaboration is possible while respecting copyright.

For businesses, the government recommends:

  1. Audit AI tools Verify data sources and usage rights.
  2. Update policies Define responsible AI practices in contracts and internal guidelines.
  3. Communicate values Promote transparency, originality, and ethical use of AI.

This decision positions Australia as an example of how AI innovation and human creativity can coexist under clear and fair regulation, balancing technological development with the protection of intellectual property.

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