Is AI Allowed to Use Your Photos?

Used under a Creative Commons Licence

Australian photographers have been watching AI headlines with a mix of fascination and dread.

Questions like “Can AI companies just take my photos to train their models?” and “Will anyone still pay for my images?” are now common in client discussions at Sharon Givoni Consulting.

A recent article by Sharon in Australian Photography tackles these issues head‑on and confirms some very important news for photographers’ rights.

The article, “The Australian government has rejected an AI copyright exception. What does it mean for photographers?”, was published on 29 October 2025 by Australian Photography, a leading national magazine and website for enthusiast and professional photographers.

You can read the full piece here:
https://www.australianphotography.com/news/the-australian-government-has-rejected-an-ai-copyright-exception-what-does-it-mean-for-photographers

In simple terms, the Australian government has rejected calls for a broad “text and data mining” exception that would have let AI companies freely scrape and use copyrighted content—including photographs—to train AI systems without permission or payment. That type of exception would have effectively turned your online portfolio into a free training set for tech companies.

Put simply, the Australian government has said no to a rule that would have let AI companies grab people’s photos and other creative work from the internet and use them to train AI for free, without asking or paying. In everyday terms, your online portfolio is not being turned into an all‑you‑can‑take buffet for tech companies.

By saying no to that proposal, the government has, for now, kept the existing copyright framework in place. That means your photos are still protected in the usual way: AI developers do not automatically get a free pass to copy and analyse your work just because it’s online, and they still need permission or a license to use your images for training.

Why this matters for photographers

In the Australian Photography article, Sharon explains that photographers have been facing very real AI‑related problems:

• Image scraping: online portfolios, social posts and client galleries being vacuumed into giant training sets.
• Loss of control and income: AI tools spitting out “style‑matched” images that lean heavily on original photographs.
• Uncertain legal recourse: confusion over whether there would be meaningful consequences.

The government’s decision doesn’t magically fix every AI risk. What it does however do is say Australian law is not (yet) treating your photos as an all‑you‑can‑eat buffet for algorithms.

So, for now, copyright still belongs to human creators, not machines.

What photographers should do next

Sharon’s article also sets out practical steps photographers can take in this changing environment, such as:

• Watermarking where appropriate.
• Keeping good records of originals and metadata.
• Reading the fine print carefully if approached about licensing work for “ethical AI” or training sets.

Please note the above article is general in nature and does not constitute legal advice.

Please email us info@iplegal.com.au if you need legal advice about your brand or another legal matter in this area generally.