Source: Law Society Journal

Karl Hoerr examines the debate on introducing a text and data mining (TDM) copyright exception in Australia. The Productivity Commission’s report highlights AI’s transformative potential but warns of risks if copyright laws stifle AI development. The proposed TDM exception would allow AI training on copyrighted works without permission, raising concerns among artists about livelihood and cultural impact.

Legal scholars like Professor Dilan Thampapillai cautiously support the exception, citing historical precedents of technology’s impact on copyright. The arts community expresses dismay over potential devaluation of creative work. Internationally, TDM exceptions vary, with the EU, US, and UK adopting different approaches.

The discussion emphasizes the need for fair dealing criteria to protect copyright holders while enabling AI innovation. There is optimism that specialized AI tools can support rather than replace creative professionals.