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Australian Publishers Push Back on AI Committee's Copyright Advice to the Prime Minister

The APA says the committee's October 12 letter could open the door to an opt-out model for AI training, and that authors and publishers weren't heard first.

What's the dispute? The Australian Publishers Association (APA) says a parliamentary committee has given the government copyright advice on AI without first hearing from the people who write and publish books. In its October 2026 advocacy update, posted October 13, the APA says it and the Australian Society of Authors (ASA) have written to the committee to raise their concerns and to ask for a chance to appear before it.

The target is a letter the Joint Select Committee on Artificial Intelligence sent to Prime Minister Anthony Albanese on October 12. It is billed as "an early indicator" of where the committee is heading before its final report, due by November 30.

What the committee told the Prime Minister

Most of the letter is about AI safety, data centres and building a sovereign Australian AI industry. The copyright section is one paragraph. In it, the committee says current copyright arrangements "are not facilitating licensing deals for Australian culture and content," and that the status quo sees the work of Australian artists, musicians and media outlets "used overseas without adequate control or payment."

It also records that "frontier AI labs indicate existing copyright settings are a barrier to undertaking training in Australia." Its recommendation is that the government "examine current copyright settings" while making sure Australian creators keep control over how their works are used, get paid, and that AI systems "reflect Australian values and culture."

The letter is signed by committee chair Jo Briskey MP and deputy chair Senator Jonathon Duniam.

What the publishers object to

The APA says it welcomes the goals of creator control, payment and cultural representation. Its problem is the reasoning. The committee "has not established that copyright law is preventing licensing," the association writes, and hasn't explained how changing the law would deal with unauthorised overseas use. Control and payment, it argues, "must be backed by consent, transparency and enforceable rights."

The bigger worry is where this could lead. The APA notes the letter "does not expressly endorse opt-out." But it says the reasoning could support a working model from the Attorney-General's Department called "AI on Australian terms" (Option A), which Senator David Pocock tabled. Under that model, AI developers could train on "unprotected" online content unless rightsholders apply digital protections.

That, says the APA, shifts the burden from developers asking permission to authors and publishers stopping use. And website protections "cannot reliably cover copies circulating elsewhere, including pirated copies."

The APA also says the government could announce its approach before the end of the year "without adequate scrutiny." It wants full public consultation before any commitment to what it calls statutory authorisation. Beyond the joint letter with the ASA, the association says it is supporting the IPA, STM and other international publishing groups in making representations to the Australian government, and planning a coordinated public campaign with other rightsholders.

Authors are pushing too

The ASA, for its part, has asked members to write to their local MP about AI and copyright, and has published a template letter. "We do not need to upend copyright law," the society says. "We simply need to reinforce and enforce our existing law."

The committee has heard from AI companies already. PT covered Anthropic's testimony at an October 6 hearing in Sydney. More hearings are listed for October 16 in Canberra and October 20 and 21 in Sydney.

Two other items in the APA update

Lending rights. New legislation took effect on October 1 that brings Public and Educational Lending Rights together and gives Educational Lending Right a statutory basis for the first time. Existing registrations, claims and payments are unaffected, and authors and publishers don't need to do anything. Works "wholly or substantially created using AI" are excluded. The APA is asking for more lending rights funding through the coming National Cultural Policy.

Libraries and literature. The APA wants library legislation reviewed so it does more to support writing and publishing, pointing to the State Library of Queensland stepping back from running the Queensland Literary Awards.

Why it matters for authors

Opt-out is the line to watch. An opt-out rule would put the work on you: mark your work as protected, or it may be fair game for training. The APA's point is that most authors can't control the pirated copies of their books already online.

The timing is tight. The final report is due November 30, and the APA fears a government decision could follow quickly. Australian authors who want a say have weeks, not months.

Sources