Most of the material on the internet is copyrighted, which limits the way it can be used. This can feel unintuitive, as the internet is largely free to access, read and view. However, copying, downloading, distributing, performing, translating or adapting material are activities that only the copyright holder can do without permission, with some exceptions.
Commonly used Gen-AI models (e.g. Chat GPT) were developed in the United States and trained on copyright material harvested from the internet (and in some cases, pirated). Disputes about the legality of Gen-AI training are ongoing in US courts. There are no provisions in Australian law that allow for large scale copying of material without permission. This means that, unless the law changes, AI training without permission is not allowed within Australia. Additionally, as copyright is only bestowed on human beings, Gen-AI cannot be considered an author. Learn more about how Gen-AI works with our Gen-AI UniSkills module.
Australia’s Copyright Act allows for certain uses without permission, called “fair dealing exceptions”, which should be applied alongside security and academic integrity frameworks. Here are some principles to consider when using (e.g. uploading) copyrighted work with Gen-AI tools.
Any Gen‑AI tools used must have data privacy controls in place that prevent copyrighted material from being shared or used for training. When a user uploads a copy of an article into a Gen-AI tool, that is considered “copying”. If the Gen-AI tool uses the uploaded material uploaded for additional uses, such as training the model, these are commercial uses and fall outside copyright provisions. To find out whether Gen-AI tools are secure in this way, check the terms and conditions, and investigate settings related to data protection and privacy. Students can consult the UniSkills Gen-AI guide for information about Gen-AI tools. Curtin staff should consult the Artificial Intelligence at Curtin page on the Staff Portal for guidance on data privacy and security, and information about tools approved for use at Curtin.
In terms of copyright risk, the less material you use, the better. Copyright exceptions related to teaching and research and study have copying limits such as 10% or one chapter of a work. Generally, entire works cannot be uploaded to Gen-AI without permission or a relevant exception.
Any copying done without permission in Australia must align with the principles of fair dealing. Generally, this means that you can use limited portions of material without permission, as long as the purpose of the use is for:
Creative Commons Some copyrighted works have licenses that provide more freedom in the way the material can be used. Creative Commons licenses generally allow for entire works to be re-used without permission, which can allow them to be used with Gen-AI. However, it’s important to still follow the conditions of the licenses, which can vary. For example, a CC license with a Non-Commercial restriction may prohibit the work from being inputted into a Gen-AI that uses inputs for training. Any use of a Creative Commons-licensed work requires attribution.
Public domain When copyright expires, the work enters the public domain, which means it can be used in its entirety for any purpose, without permission required. Public domain works are generally older materials, such as Jane Austen or Shakespeare.
Learn more about Creative Commons and the public domain.
Do not put ICIP into Gen-AI tools without free, prior and informed consent from traditional knowledge holders.
Students may use portions of copyrighted material with Gen-AI for research and study or criticism and review purposes. Ensure that:
For more detailed guidance, see the Researchers section below.
Staff may use portions of copyrighted material with Gen AI for teaching purposes as part of the Statutory Education License. Limits to the amount of material used apply regardless of the Gen-AI tool used (see the text and images page for more information on material limits). Curtin staff may upload educational materials (unit outlines, PowerPoint slides) to Curtin’s secure version of Microsoft Copilot. Review the Artificial Intelligence guidance on the Staff Portal for more information on approved tools, in addition to the GenAI in Learning and Teaching guidance. Ensure that:
Please contact the Copyright Officer via Library Help with questions about using copyrighted material with Gen-AI for teaching.
Researchers can use copyrighted material with secure Generative AI tools, through the following pathways:
Researchers must ensure that:
Copyright Act: the Fair Dealing for Research and Study Exception
The Copyright Act allows copyrighted material (e.g. images and textual material) to be used for research and study purposes, providing the amount used is “fair”. This “fair” amount generally consists of:
There is some flexibility with these amounts, depending on the circumstances. If the use of material needed exceeds these limits, additional uses can be assessed based on a set of criteria. For more information, see the Copyright Council’s guide to the Research and Study exception.
Library commercial licenses
Many of the library’s commercial licenses, which provide access to journal articles and eBooks, have some flexibility regarding use with Gen-AI. Researchers may generally use the library’s commercially licensed material within secure Gen-AI tools as long as use falls within the same criteria as in the Copyright Act’s research and study exception. There are some databases which have expressly forbidden any use of their materials within Gen-AI, and we have listed these in the Library Database Material section, below.
Individual licenses and permissions
Researchers can also use copyrighted material with Gen-AI as long as they obtain consent from the copyright holder, or if they themselves are the copyright owner. Some database companies provide Text and Data Mining licenses to individual researchers so they can extract large amounts of text for analysis. If researchers are embarking on research projects which involve copyrighted material and artificial intelligence, obtaining necessary copyright permissions should be part of their research plan. Contact the Library for support with obtaining permissions.
Material that has a Creative Commons license displayed may allow more flexibility of use with Gen-AI, although this can depend on the terms of the license. CC Licensed materials always require attribution for any use.
Anyone who has a disability can use copyrighted material with Gen-AI or AI powered tools for accessibility purposes to support personal study and learning. This includes using Curtin-owned teaching and learning material (such as lecture slides, lecture recordings, captions or transcripts). Curtin staff can also use this provision to assist students who have accessibility needs. Ensure that:
Library database use is dictated by different license agreements, which can vary in terms. If unsure, take a “fair dealing” approach to using database content using the best practices outlined above, as these are in line with the Copyright Act. Often, database content is available through more than one database product, and increasingly, journal article content is freely available in university repositories (which are not governed by licensing agreements). Databases that expressly forbid use tend to be aggregators of content or indexes.
Here is a list of the main eBook and eJournal databases that have forbid any use of their material with AI tools. This list is indicative only and subject to change. Please contact the library with any questions about specific tools.
Databases that prohibit AI input:
If you have a situation that is not covered here, or would like more information, please contact the Copyright Officer via Library Help.