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Capability 2.3.3.3

Restricted Access – Copyright/IP

Definition

Legal and licensing frameworks that determine if and who may mine, reproduce or use datasets, particularly for AI training, model fine-tuning and commercial reuse. As well as any licensing and compensation regimes for creators.

Examples

  • Copyright Act 1968 (Cth) (no text/data mining exception)
  • Attorney-General’s Department Text and Data Mining Consultation (2023–24)
  • Creative Commons Licensing (CC-BY, CC0) – data.gov.au
  • Publisher Data Licensing (e.g. News Corp datasets)
  • Creative Commons vs Proprietary Licences in data.gov.au.

Indicators

  • Partipation rates in licensing and compensation frameworks
  • Percentage of datasets under open vs restricted licences
  • Volume of AI training datasets with explicit reuse permissions

National AI Plan

PLAN COMMITMENT

Moderate commitment

The plan includes a clear reaffirmation that the government has ruled out a text and data mining exception in Australian copyright law. It also refers to ongoing reviews of legal and licensing frameworks governing data use for AI through consideration of copyright law in AI contexts – but contains no specific details of timelines, resulting in uncertainty about plans to reform this critical enabling capability. Moderate government commitment in the plan roughly aligns with the recommendation to close a critical gap; however, this is marked for prioritised attention given ongoing uncertainty about the copyright review and noting these settings will shape the conditions for all of 2.3.3 (Data Access & Use) and, arguably, every capability across all 6 layers.

Stocktake

Is the Stocktake missing evidence?

Share additional information for potential future Assessments