Australia AI Copyright Laws: What Is Protected in 2026

By Recording Law Editorial Team9 min read
Australia AI Copyright Laws: What Is Protected in 2026

Frequently Asked Questions

Can an AI system own copyright in Australia?

No. The Copyright Act 1968 (Cth) requires a human author who exercised independent intellectual effort. An AI system is not a legal person and cannot hold authorship or own copyright under Australian law, as reinforced by the Full Federal Court's decisions in Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149 and Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16.

Who owns copyright in an AI-assisted work where a human was also involved?

Where a human author exercised sufficient independent intellectual effort over the expression of a work, even with AI used as a tool, that human may qualify as the author and own the copyright. The key question is whether the human's creative contribution to the expression was genuine and substantial, following the standard confirmed in IceTV Pty Ltd v Nine Network Australia [2009] HCA 14. The line between 'AI-assisted' and 'AI-generated' is fact-dependent.

Is AI training on copyrighted material legal in Australia?

There is no statutory safe harbour for AI training on copyrighted material in Australia. The fair-dealing regime is purpose-limited and does not cover AI training or TDM. The Australian Government rejected a proposed TDM exception in October 2025, and no amending legislation has since been passed to create one. Reproducing copyrighted works for AI training without a licence from the rights holder carries legal risk under the Copyright Act 1968 (Cth).

Does Australia have a computer-generated works provision like the United Kingdom?

No. Australia has no equivalent to s.9(3) of the UK's Copyright, Designs and Patents Act 1988. There is no provision in the Copyright Act 1968 (Cth) that deems the person who arranged for the creation of a computer-generated work to be its author. This gap has not been filled by any Australian court or legislative amendment as of 2026-06-25.

Is the software powering an AI model protected by copyright in Australia?

Yes. The Copyright Act 1968 (Cth) s.10 includes computer programs within the definition of 'literary work', so human-authored software receives full copyright protection. The AI model's source code, training pipelines, and inference software are protected provided a human author exercised independent intellectual effort in creating them.

What is the Copyright and AI Reference Group (CAIRG)?

CAIRG is a body established by the Australian Government to explore licensing frameworks for the use of copyrighted works in AI training. Rather than introducing a statutory TDM exception, the Government has indicated that licensing arrangements are the preferred mechanism for authorising AI training data use. CAIRG's work is ongoing as of 2026-06-25.

Sources and References

  1. IceTV Pty Ltd v Nine Network Australia Pty Ltd [2009] HCA 14(austlii.edu.au)
  2. Telstra Corporation Ltd v Phone Directories Company Pty Ltd [2010] FCAFC 149(austlii.edu.au)
  3. Acohs Pty Ltd v Ucorp Pty Ltd [2012] FCAFC 16(austlii.edu.au)
  4. Copyright Act 1968 (Cth)(legislation.gov.au).gov
  5. Attorney-General's Department, Government statement on copyright and AI (October 2025)(ministers.ag.gov.au).gov
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