In light of current national policy discussions around access to copyright content for Generative AI training, Screenrights welcomes the Australian Federal Government’s active engagement on these issues. However, as policy options are evaluated, it is critical to distinguish between statutory schemes that rely on automated web-level opt-outs and a true Extended Collective Licensing (ECL) framework.

Proposals that rely on technical mechanisms such as robots.txt for rightsholders to exercise their option to opt out are largely unworkable for the screen sector, which rarely controls the digital distribution of audiovisual works. Screenrights reasserts our support for a true ECL framework: a market-ready model that puts opt-out control directly into the hands of rightsholders via an appointed collecting society, while establishing a sustainable, legal pathway for AI innovation.

You can read more about ECL and our position in our White Paper and on our website.

Extended Collective Licensing for Generative AI: A Pragmatic Path Forward for AI Licensing

While recent public discussions underscore growing friction between AI developers and the creative sector, Screenrights has been involved in consultations with the Government and other rightsholder groups over many months now. We believe the solution lies in building workable licensing infrastructure. Extended Collective Licensing (ECL), a model that has been used in Europe since the 1960s, creates a streamlined, legal mechanism for AI developers to license Australian audiovisual content ethically while establishing a sustainable, ongoing revenue stream for local rightsholders. A statutory licensing scheme or an adaptation of the ECL model with an opt-out via robots.txt will not work for screen creators who do not have control over where their content is hosted.

Key Benefits of a true ECL Model

• Preserves Creator Autonomy: Unlike compulsory statutory licensing, ECL is voluntary. Rightsholders retain absolute authority to exclude their works, ensuring essential protections for Indigenous Cultural Intellectual Property (ICIP) and allowing large studios to pursue direct commercial deals. The opt-out mechanism is handled by a collecting society which is able to reach out to rightsholders directly to ensure they control their copyright.

• Supports Independent Producers: Over 80% of surveyed Screenrights members indicate they lack the scale or legal resources to negotiate direct deals with global tech firms. ECL aggregates rights to give independent creators collective bargaining power and fair remuneration.

• Delivers Legal Certainty for Developers: ECL offers AI platforms broad, authorised access to content repertoires under clear terms, providing full indemnity against copyright infringement claims for compliant use.

• Avoids Market Failure: Relying solely on direct licensing leaves smaller rightsholders vulnerable to unremunerated use, while free Text and Data Mining (TDM) exceptions strip creators of property rights entirely. ECL provides a balanced, effective compromise.

Screenrights remains ready to work alongside government, rightsholders, industry bodies, and AI developers to introduce a general ECL framework into the Copyright Act 1968, ensuring domestic AI innovation flourishes without compromising the integrity of vital copyright protections and risking the viability of Australian storytelling.

For more information see our White Paper and the ECL page on our website.