Important reforms to Australia’s copyright framework pass the Parliament

The Albanese Government has passed important reforms providing Australians greater legal certainty when using ‘orphan works’ (copyright material where the copyright owner is unknown or unlocatable).

The orphan works scheme, the first ever under Australian copyright law, will provide Australians with expanded access to a broader collection of creative, historical and educational works held by the nation’s cultural and educational institutions, such as libraries and museums. This will benefit researchers, educators, students, creatives and the wider community, while protecting copyright owners.

The scheme provides reasonable scope for copyright owners to come forward and assert their rights in the rare case an owner is later identified. The search requirements under the scheme may also help reunite copyright owners with works that have unintentionally become orphaned and allow them to benefit from their exclusive rights once more.

Separately, the new laws provide clarity to educators, allowing them to use copyrighted material in the physical classroom and in online or hybrid settings. The changes will also make clear that parents and others, such as members of the community can assist with lessons and enhance the educational experience. This is important for students accessing their education online or for younger students who may require assistance from a parent or other person.

This measure ensures students can take part in diversified learning experiences while retaining the licensing frameworks that support the creative and media sector’s contribution to education.

Quotes attributable to the Attorney-General, Hon Michelle Rowland MP:

“Australians, including educators, students and the creative sector, now have legal certainty when it comes to the use of copyright material considered ‘orphaned’, unlocking their potential for learning, innovation and public benefit.

“We are strengthening the rights of copyright owners by establishing a new mechanism for them to assert their rights and receive reasonable payment.

“The Albanese Government believes that every child should have access to the best education possible, regardless of their circumstances.

"We’re ensuring the Copyright Act applies consistently to support in-person, online and hybrid classes. This will enrich the educational experience by making sure that parents, guardians and others can assist with these lessons.”