‘Missed The Mark Entirely’: APRA AMCOS’ Response to Proposed Changes to Copyright Act

The Productivity Commission’s proposed tweaks to the Copyright Act will screw over artists and copyright owners, and represents a massive opportunity lost for that same cohort.

That’s the spirit of APRA AMCOS submission in response to the Commission’s interim report, and in particular the controversial proposed Text and Data Mining (TDM) exception.

Published last month, the 116-page document, Harnessing Data and Digital Technology, contains a new fair dealing amendment to allow for text and data mining — a dangerous caveat, creative industry figures warn, that would legitimise digital piracy under the guise of productivity.

“Rather than undermining copyright protections, the Commission should explore investment incentives that could attract genuine AI development to Australia while maintaining appropriate creator protections,” says Dean Ormston, CEO of APRA AMCOS, in a statement accompanying the PRO’s submission.

“Tax benefits and offsets for companies committing to transparent, licensed AI development would create positive economic opportunities without sacrificing the rights of Australian creators, but the Commission has missed the mark entirely.”

Industry advocates at APRA AMCOS have had time to digest the report, and they’re not impressed.

Only one creator group was interviewed, reads a statement from APRA AMCOS, while Commissioners met with upwards of 10 tech businesses and lobby groups including Amazon, Google, Meta, Microsoft, OpenAI, the Tech Council of Australia and the Business Council of Australia.

The Commission “severely lacks demonstrated expertise in creative industries or cultural economics” and failed to analyse costs to Australia’s $63.7 billion creative economy while proceeding with unsubstantiated $116 billion productivity projections, the submission continues.

Also, APRA AMCOS’ document reads, the Commission’s analysis fails to acknowledge that technology companies’ arguments about needing access to “data” for AI training “obscure their true objectives to access high quality creative content produced by professional writers, authors, artists, songwriters and filmmakers.”

Earlier, ARIA and PPCA CEO Annabelle Herd called the proposal “ill-considered and contrary to Australia’s best interests.”

“Australia’s existing copyright law is the foundation of the creative industries and the digital economy. It currently aligns with global standards and effectively drives innovation and mutually beneficial negotiation without compromising Australian rights and investment,” she remarked.

Speaking at BIGSOUND 2025, Herd noted that the push to remove this “copyright barrier” will likely rumble on for 18 months.