---
title: "Knowledge-base content licensing and copyright checklist (before AI ingestion)"
url: "https://ailawframework.com/precedents/knowledge-management/content-licensing-copyright-checklist"
type: "precedent"
site: "AI Law Framework"
id: "km-content-licensing-copyright-checklist"
area_id: "KM"
kind: "checklist"
ai_level: "yellow"
version: 1
law_stated_as_at: "2026-10-17"
---

# Knowledge-base content licensing and copyright checklist (before AI ingestion)

> A checklist to confirm that each source added to a firm knowledge base or AI index is owned by the firm or licensed for that use, covering ownership, publisher and site terms, court forms, legislation and judgments,…

Canonical page: https://ailawframework.com/precedents/knowledge-management/content-licensing-copyright-checklist  
Law stated as at: 2026-10-17

Site index for agents: https://ailawframework.com/llms.txt

A checklist to confirm that each source added to a firm knowledge base or AI index is owned by the firm or licensed for that use, covering ownership, publisher and site terms, court forms, legislation and judgments, open licences, Australian exceptions and confidentiality.

## Key facts

- Kind: Checklist. Steps or checks to work through and tick off.
- Practice area: [Knowledge Management](https://ailawframework.com/precedents/knowledge-management.md)
- Jurisdictions: Australia, United Kingdom (England and Wales), United States, European Union
- AI level: Yellow. AI can help in set ways. A lawyer checks specific points before use.
- Law stated as at: 2026-10-17
- Status: Maintained. Checked on 2026-10-17 against the 9 authorities it cites, for 4 jurisdictions.

## When to use it

Use before adding any external or legacy content to a precedent bank, AI search index, retrieval system or fine-tuning set. It flags issues for a lawyer; it is not an opinion on infringement.

## How AI may be used

AI may inventory sources and extract licence terms and copyright notices into the register. A lawyer decides whether a source may be ingested and on what conditions.

**AI may:**

- List the sources in a proposed ingestion set and extract their copyright notices, licence names and terms-of-use clauses.
- Flag sources whose terms mention AI, machine learning, text and data mining, scraping or "no derivatives".
- Keep the licence register and attribution text up to date.

**AI must not:**

- Must not decide that a use is a fair dealing or otherwise permitted.
- Must not scrape or ingest sources whose terms prohibit automated or AI use.
- Must not ingest client documents under a copyright analysis alone; confidentiality and consent are separate questions.

**The lawyer checks:**

- Each source has a recorded owner or licence that covers storage, AI processing and any derivative use.
- Restricted sources are linked, not copied.
- Attribution and notice conditions of open licences are met in every output channel, including AI answers.

## Authorities

- [Copyright Act 1968 (Cth) s 31 (nature of copyright in original works)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Copyright Act 1968 (Cth) s 35 (ownership, including s 35(6) works made in employment)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Copyright Act 1968 (Cth) s 36 (infringement, including authorisation)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Copyright Act 1968 (Cth) s 40 (fair dealing for research or study)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Copyright Act 1968 (Cth) s 43(2) (fair dealing for professional advice by a legal practitioner)](https://www.legislation.gov.au/C1968A00063/latest/text)
- [Attorney-General, media release, 26 October 2025 (Government rules out a text and data mining exception)](https://ministers.ag.gov.au/media-centre/albanese-government-ensure-australia-prepared-future-copyright-challenges-emerging-ai-26-10-2025)
- [UK: Copyright, Designs and Patents Act 1988 s 29A (text and data analysis for non-commercial research)](https://www.legislation.gov.uk/ukpga/1988/48/section/29A)
- [US: 17 U.S.C. § 107 (fair use)](https://www.copyright.gov/title17/92chap1.html#107)
- [EU: Directive (EU) 2019/790 arts 3 and 4 (text and data mining exceptions; rightholder reservation)](https://eur-lex.europa.eu/eli/dir/2019/790/oj)

## Official form

[Official form](https://www.legislation.gov.au/C1968A00063/latest/text)

## Full text and drafting notes

The full text and the drafting notes are not part of this public page. Signed-in firm accounts can read them at https://ailawframework.com/precedents/knowledge-management/content-licensing-copyright-checklist and through the signed-in MCP connector https://ailawframework.com/mcp/firm.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*