This is the first scheme of its kind under Australian copyright law
The federal government has passed the orphan works scheme – the first under Australian copyright law.
Orphan works are defined as copyright material where the owner is either unknown or cannot be located. Under this scheme, copyright owners have reasonable scope to assert their rights if the owner of a work is subsequently identified.
The scheme’s search requirements are expected to help copyright owners reclaim works that were unwittingly orphaned, thus enabling them to benefit from exclusive rights. According to a media release by attorney-general Michelle Rowland, the scheme will broaden access to creative, historical and educational works held by cultural and educational institutions like libraries and museums.
“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,” said attorney-general Michelle Rowland in a media release. “We are strengthening the rights of copyright owners by establishing a new mechanism for them to assert their rights and receive reasonable payment”.
Rowland added that the government aims to ensure that the Copyright Act applies consistently to different mediums of holding lessons. Educators may use copyrighted material both in physical classroom settings as well as online or hybrid contexts; parents and members of the community may help with lessons as well.
The scheme permits students to participate in varied learning experiences while maintaining licensing frameworks supporting the creative and media industry’s educational contributions, the government said.
The Copyright Amendment Bill 2025 was first introduced late last year.
