In our recent Accellier Professional Development session, we were joined by Liesl Fitzpatrick, Senior Manager of Education Licensing at the Copyright Agency, to unpack the complex (and the sometimes messy) intersection of Generative AI and copyright law.
With over 40,000 members ranging from authors to visual artists, the Copyright Agency has been at the forefront of these discussions for years.
If you missed the session, here are the essential takeaways for RTO owners, trainers, and creators.
Generative AI models like ChatGPT, Gemini, and Claude didn’t learn to write or draw in a vacuum; they were trained on massive libraries of existing content, often without compensating the original creators.
There are currently over 90 lawsuits globally from copyright owners alleging that tech companies infringed on their rights during the training phase.
Most foundational AI training happens offshore (primarily in the US and China). However, Australia’s copyright laws are robust and “creative-friendly,” making tech companies cautious about training models locally without proper licensing.
This is the most common question for educators. When you upload a newspaper article or a textbook excerpt into an AI to generate a lesson plan, you are technically copying that material.
If your RTO is licensed under the Statutory Education License (all TAFEs are covered; private RTOs are case-by-case), you have a “safety net”. Under this license, you can upload third-party text and images for prompts if:
In Australia, copyright ownership requires “independent intellectual effort” (meaning human authorship). If an AI generates a resource with zero human tweaking, it might have no copyright protection at all. For you to own the copyright, there must be enough human involvement or “authorship” in manipulating the tool.
A word of caution. Always apply a “critical eye” to output. If an AI generates an image that looks exactly like a Disney character, using it is likely a copyright infringement.
If your RTO develops its own high-quality resources, you may need to consider protect them from being “absorbed” by these platforms. Use the standard notice (e.g., © 2026 Accellier) to remind users the work is protected. You may also need to consider digital rights management, such as watermarking or encryption.
Ensure your RTO has an updated AI and Copyright Policy to guide staff on which platforms are sanctioned and how to use them ethically.
While it isn’t a legal requirement to credit an AI platform (since AI isn’t human), Liesl emphasised transparency as best practice. If you use AI to help build a resource, disclose it. If you used third-party articles to prompt that AI, make sure you still attribute the original human creators.
As Liesl noted we are in a period of “finding our feet”. The technology is moving fast, but the principles of fair payment for creators remain the same.
Useful Resources:
Australian Copyright Council (offers free legal advice for educational institutions)
Below is a copy of the slides from this session, provided by Liesl from Copyright Agency Limited:
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