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Library Guides: Copyright at UNSW: Generative Artificial Intelligence

University of New South Wales Library

ENRICHED

Details

Date Published
25 June 2026
Priority Score
2
Australian
Yes
Created
28 June 2026, 10:00 pm

Description

Learn about the intersection between copyright and generative artificial intelligence (GenAI) models and tools.

Summary

This guide outlines the current legal landscape regarding generative AI and copyright within the Australian jurisdiction, highlighting the absence of specific text and data mining exceptions. It emphasizes the significant risks posed by GenAI to Indigenous Cultural and Intellectual Property (ICIP), specifically how model abstractions may bypass cultural protocols. The resource reflects the Australian Government's ongoing policy deliberations on enforcement and ownership, serving as a baseline for understanding domestic regulatory gaps in the face of frontier AI deployment.

Body

Under current Australian legislation, there is neither a standalone provision for GenAI, nor a copyright exception covering text and data mining (TDM). The Australian Government is looking at policy options for the use of copyright material with GenAI tools, pathways for less costly enforcement of copyright infringement, and clarification of how copyright applies to material generated through the use of GenAI. Some copyright jurisdictions have GenAI-related legislation or exceptions that may cover the training of GenAI models or tools. Indigenous Cultural and Intellectual Property (ICIP) Copyright, privacy and heritage laws protect ICIP to an extent. ICIP refers to Indigenous peoples' cultural heritage assets. It applies to the rights of First Nations people to their cultural heritage, traditional knowledge and traditional cultural expression. In the National Cultural Policy - Revive, the Australian Government committed to introducing standalone legislation to protect ICIP. For more information, see Standalone Legislation fact sheet. Do not upload ICIP into any GenAI tool without first obtaining free, prior, and informed consent from relevant Traditional Knowledge holders. GenAI has potential to negatively impact ICIP rights as GenAI models learn abstractions from inputs and GenAI outputs may disregard cultural protocols and use ICIP out of context.