Music, Copyright Law and AI – how to protect yourself

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Music, Copyright Law and AI – how to protect yourself

No one could argue that the digital age has always brought both promise and peril to musicians.

And things have gotten one step more challenging with the explosion of artificial intelligence: the possibility that music could be taken, analysed, and replicated by machines—often without the creator’s knowledge or consent. Remember: Bob Dylan famously warned, “The times they are a-changin’”, and nowhere is that truer than in today’s music industry.

Recently, proposals have emerged in Australia that would have allowed AI developers to freely mine creative works—including music—for training powerful algorithms, all without asking permission or providing payment.

This would have meant that a song you wrote, performed, or produced could end up in the training data for an AI music generator, with no say or reward for your creative effort. AI music generators work by studying lots of songs made by humans to find patterns in music, like beats, melodies, and styles. The AI then uses these patterns to create new music on its own when someone gives it a prompt, such as asking for a happy tune or a calm background track.

For musicians, this was not just a legal issue, but a deeply personal one, as music is both livelihood and identity.

Why the Proposed Changes Matter

The Australian government has listened to musicians and the broader creative community.

In October 2025, Australia’s Attorney-General Michelle Rowland clearly said “no” to a plan that would have let AI companies use music—and other creative works—for free, without asking permission from the people who made them.

This idea was called a ‘Text and Data Mining Exception’. A ‘Text and Data Mining Exception’ is a rule that would allow computers and AI systems to copy and scan lots of creative content—like songs, books, or articles—without needing to ask permission from the person who made it or pay them.

If it had gone ahead, it would have created a loophole in the law, making it easier for large tech firms to collect music (and other art) to train their artificial intelligence systems, but without having to pay or credit songwriters, singers, producers, or other creatives.​

Michelle Rowland explained that creative people are the heart of Australian culture and need proper protection for their work. So right now, the government’s proposals favour musicians and artists, keeping their copyright strong.

Still, this is not the final word. The government is also inviting opinions and looking for better ways to protect and support creators as AI technology develops. So, it’s important for musicians to stay informed because more changes and improvements could be coming soon.

How These Proposals Help Musicians

Creative Control Stays with Musicians: At its core, the rejection of the exemption signals that your song cannot be copied and reused by AI systems without your permission.

As Oscar Wilde put it: “Talent borrows; genius steals”—but with strong copyright, at least machines can’t steal!

New Music Copyright Protection

If an AI company wants to use your song, they have to ask for your permission and pay you, usually through a licence or royalties. This turns AI from a threat into a way for musicians to make more money. The government’s new approach gives everyone in the Australian music industry more certainty and protection—so artists and labels know their music can’t just be taken by tech companies without asking. Now, musicians can plan for the future without worrying that their songs will be used for free.​

For smaller artists especially, the government also wants to create simpler, cheaper ways to sort out copyright problems. That might mean an easy “small claims” process, making it much more affordable and quick if someone uses your music without permission. These changes mean musicians get more control, a better chance to earn from their work, and stronger support if their rights are challenged.

What Still Needs to Happen

While these changes are a significant step forward, it’s just the beginning of the conversation.

Other questions still lurking include:

• Who owns music generated by AI that mimics a particular artist’s style?
• How can musicians track when their work is being used by technology they did not authorise?
• What transparency standards should be in place so musicians know when their creative work contributed to a machine’s “learning”?

The government has tasked its Copyright and AI Reference Group to address these and other unresolved issues.

As always, vigilance is required—for, as Mark Twain once said, “It is better to be careful a hundred times than to get killed once.”

Sharon Givoni Consulting: How We Help Musicians

At Sharon Givoni Consulting, we have deep roots in the creative industries and decades of experience advising musicians, composers, producers, and music businesses of all sizes. Here’s how we support our clients in both established legal matters and these new frontiers:​

• Copyright registration and portfolio management to help you assert and protect your rights from day one.
• Contract and licensing negotiations with publishers, record labels, and now—AI and tech companies seeking to access your music.
• Advice and representation in disputes involving copyright infringement, sampling, plagiarism
• Advice on the unauthorised use of music in AI training datasets.
• Policy monitoring and legal updates so our clients always know how the latest copyright and technology developments may affect their work.

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.