Australia Unlocks 'Orphan Works' with New Copyright Legislation

Australia’s Parliament has passed the Copyright Amendment Bill 2026, establishing a first-of-its-kind “orphan works” scheme. This legislation provides greater legal certainty when utilizing copyright material where the owner is unknown or cannot be located.

Key Reforms in the Copyright Amendment Bill 2026

The Copyright Amendment Bill 2026 amends the Copyright Act 1968, delivering two significant reforms after years of consultation. The primary focus is on orphan works, offering clarity for researchers, educators, cultural institutions, and the broader community.

Addressing Orphan Works and Owner Rights

The new scheme allows for the use of orphan works while providing a pathway for copyright owners to come forward and assert their rights if identified. The Albanese government stated the scheme offers “reasonable scope” for owners to claim their rights and receive payment. The search requirements within the scheme may also help reunite copyright owners with unintentionally orphaned works.

Modernizing Copyright for Education

Attorney General Jessica Lynch commented that Australians “now have legal certainty when it comes to the use of copyright material considered ‘orphaned’, unlocking their potential for learning, innovation and public benefit.” She also emphasized the strengthening of copyright owner rights through a new mechanism for asserting claims and receiving reasonable payment.

The Bill also clarifies that existing copyright exceptions for classroom use apply equally to online learning environments. This update was welcomed by the creative industry as a reflection of modern teaching practices.

Industry Support and Concerns

A joint statement from AMPAL, APRA AMCOS, ARIA PPCA, and other creative organizations confirmed both outcomes were passed as intended. They highlighted Australia’s “world-leading education licensing scheme” as comprehensive and covering all educational needs.

However, creator groups cautioned against further weakening of copyright laws. They noted that previous attempts to replace licensing with exceptions have historically led to reduced compensation for creators. They also expressed concern about arguments to weaken copyright for AI development, aligning with the positions of multinational technology companies.

Protecting Creator Rights in the Age of AI

The creative sector emphasized that Australian AI development must comply with existing copyright laws, including licensing arrangements, for both commercial and non-commercial activities. They stated that an exception would deny creators rightful payment. The joint statement concluded with a firm stance against the “steady, incremental dismantling of the framework that makes Australian creative life possible.”