Proposed Exception In Copyright Act Would Be ‘Devastating’ For Independents, Music Publishers Warn

The Productivity Commission’s proposed text and data mining (TDM) exception for copyrighted works could deliver a “devastating” blow for the domestic music industry.

That’s the stark warning from the Australasian Music Publishers’ Association Limited (AMPAL), which has submitted its own response to the Commission’s interim report on data and digital technology.

Buried within the 116-page document, Harnessing data and digital technology, is a proposed amendment which the tech giants have lobbied for, but which would cripple the creative communities, the music industry has warned.

“Our board members have spoken out on the devastating impact this TDM exception would have on Australian music publishers, songwriters and our cultural exports,” reads a statement from AMPAL, which advocates for the interests and rights of music publishers, songwriters, and composers across Australasia.

A “blanket” TDM exception would “weaken” the music ecosystem, the message continues, “deter investment and hand enormous value to companies who give nothing back. It also lacks the nuance, creativity and agility that only an industry-led licensing solution can yield.”

A social post from AMPAL captures powerful quotes from Linda Bosidis, co-CEO of Mushroom Music; Karen Hamilton, General Manager of 120 Publishing; and Art Phillips, owner, director and CEO of 101 Music.

“For a homegrown independent company like Mushroom Music and the wider independent sector,” writes Bosidis, “the impact of a text and data minding exemption would be devastating. It threatens the future of songwriting, destroys creative careers and Australia risks losing its creative soul.”

Echoing the responses from APRA AMCOS, ARIA, AIR and other trade bodies, AMPAL calls on the Commission to reject a TDM exception and, instead, throw its support behind a licensing-based approach that both sides can benefit from.

“Licensing is the proven way forward,” reads the AMPAL message. “It encourages innovation, ensures fairness and keeps Australia in step with international best practice.”

The government received “a large number of submissions” across the five productivity inquiries, including documents from AMPAL and APRA AMCOS. 

Consultation closed on Monday, September 15th, ahead of the final inquiry report, which is to be handed to the Australian Government in December 2025. 

That’s a full year after the Government tasked the Productivity Commission with five new inquiries, focused on

identifying ways to materially boost Australia’s productivity, and sought “ideas from everyday Australians” to inform policy recommendations.

The music industry’s interest is on the pillar of data and digital technology, and the government’s motivation to better utilise it across the economy to boost productivity growth, accelerate innovation and improve government services.

The final report will be released at a date yet to be announced in late 2025, or 2026.