2026 Jill McKeough Lecture: Can Copyright Survive Generative AI?

Can Copyright Survive Generative AI?

Since ChatGPT was released in November 2022, policy makers have struggled to meet the fundamental challenges posed by generative AI (genAI) for copyright law and policy. Responses to the rise of genAI have been radically polarised, with some (largely in the tech industry) arguing that copyright restrictions inhibit beneficial innovation while others (including those in the arts) argue that genAI undermines incentives to produce creative content.

In December 2025, in its final report on Harnessing data and digital technology, the Productivity Commission, after identifying the considerable uncertainties plaguing policy development, recommended a ‘wait-and-see’ approach, involving a three-year policy pause potentially followed by an independent review. Acknowledging the extent of the unprecedented challenges facing copyright, the Commission suggested that the review could consider whether copyright remains the appropriate vehicle to incentivise creation of new works and, if not, what might be the alternatives.

This lecture will examine the roots of the current policy impasse, including the broader political, technological and global context. Following that, it will identify the key policy issues that must be resolved to effectively balance genAI and human creativity. Finally, the lecture will critically analyse the main proposals for reconciling copyright and genAI, including  ‘opt-outs’ or ‘opt-ins’ (for training data), transparency obligations and the effectiveness (or otherwise) of proposed licensing solutions (whether voluntary or compulsory).

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About the speaker

Professor David Lindsay is a Professor in the Faculty of Law, University of Technology Sydney (UTS), where he specialises in technology law and regulation. He is the author of International Domain Name Law: ICANNandtheUDRP (Hart,Oxford,2007) and co-author (with Graham Greenleaf) of Public Rights: Copyright’s Public Domains (CUP, Cambridge, 2018); and is widely published in the areas of copyright law, data privacy law and technology regulation.

His research has been regularly cited by government and law reform reports, especially in the areas of copyright and data privacy law. David is a long-standing general editor (2012 - ) of the Australian Intellectual Property Journal, Australia’s premier IP law journal.   

Event access is restricted to guests who are 18 years or older, or under the supervision of a parent or guardian.