Thursday, 28 August 2025 Books+Publishing @booksandpublishing
In the wake of the Productivity Commission’s (PC) first report on AI, and its request for more industry contributions via submissions, Books+Publishing reached out to the Copyright Agency to help demystify the submission process on not just this issue, but all issues that affect the industry. Here, the agency shares what a submission is, what it’s used for, and why everyone who cares about an issue should write one.
What is a submission?
A submission is a written response that you send to a government or public inquiry, consultation or review. It’s an opportunity for any person or organisation to share views, evidence and experiences on issues being raised by a committee, commission or other body. A submission can help inform the inquiry’s committee members by providing relevant information to help them understand different viewpoints.
What is the purpose of a submission?
The purpose of a submission is to influence decision-making. Government and public bodies, such as the Productivity Commission, use submissions to gather information from people directly affected by proposed changes and to understand the impact on industries and individuals.
For creators, writing a submission is a way you can have your voice heard on proposals that may affect your livelihood.
When is it appropriate to make a submission?
If a proposal directly affects your rights, your income or your profession, and you want decision-makers to understand how the proposal will impact you and/or your industry, it would be appropriate for you to write a submission.
For example, the Productivity Commission recently released its interim report on harnessing data and digital technology. It asks for feedback on the following questions:
Are reforms to the copyright regime (including licensing arrangements) required? If so, what are they and why?
Should Australia introduce a text and data mining (TDM) exception? If so, what are the costs, benefits and risks, and what conditions or limitations should apply?
A TDM exception would exclude the following from copyright laws:
AI model training, including for Generative AI
‘all forms of analytical techniques that use machine-read material to identify patterns, trends and other useful information’, for example to ‘produce large datasets that can be interrogated through statistical analysis’.
In this case, writers, publishers and creators have a stake and should consider making a submission.
How to write a submission?
A submission doesn’t need to be lengthy or detailed. It could be a short note or letter. It should:
Introduce yourself or your organisation – who you are, your role (e.g. writer, publisher, illustrator etc), and why this issue matters to you
Respond to the questions being asked
State clearly what you support or oppose and explain why (use examples from your own experience if possible)
Stay concise and respectful.
Productivity Commission: submissions for feedback on the Harnessing Data and Digital Technology interim report are open now
If you are considering making a submission to the Productivity Commission, the Copyright Agency has provided the below information to help you respond to the questions being asked.
The PC has asked for feedback on the following questions:
Should the Australian Copyright Act be changed to introduce a ‘text and data mining’ (TDM) exception that would allow the use of other people’s content for AI training and data analysis, without payment?
Should there be other changes to the Copyright Act?
Some key points:
People working in the creative industries oppose a TDM exception because it would take away their entitlement to payment for AI development in Australia that uses their works, and is unnecessary for ethical AI development that benefits Australians
It is difficult to address the unauthorised, unpaid use of Australians’ content for AI training in other countries by changing Australia’s Copyright Act, because copyright laws apply on a territory-by-territory basis
The Australian Copyright Act already allows for the legal use of other people’s content for AI-related activities in Australia, including under licensing arrangements.
Submissions close on 15 September 2025.
More information
Some frequently asked questions about the TDM exception and their answers have been compiled by Copyright Agency and are available on the website.
Members of the Copyright Agency can contact the Member Services team if they would like assistance in preparing a submission.
The Productivity Commission provides a guide to uploading your submissions, which is available on the website.
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