Lesson recordings
Schools and universities could still be unable to keep short recordings of online lessons for students who miss class, even if safeguards were added.
This bill became law on Apr 1st, 2026.
Law, justice & rights
The bill sets up an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found..
Copyright material whose owners cannot be identified or found leaves libraries and other users unable to get permission and exposed to infringement liability. The bill creates an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found. that, after a diligent searchA thorough, genuine search for a copyright owner before relying on the orphan works scheme. and notice, limits later court remedies and gives greater legal certainty.
After Ministerial Copyright RoundtablesGovernment-convened meetings with stakeholders to discuss copyright problems and possible reforms. in 2023 identified orphan works and modern teaching uses as priority gaps, Australia still lacked a practical way to use some copyright material when no owner could be found. Pressure from libraries, educators and other users who faced infringement risk despite careful searches led Parliament to create an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found., clarify classroom and online teaching rules, and bring the ActAustralia's main federal law covering copyright ownership, permissions, infringements and exceptions. into force on 2 April 2026.
The main concern was that the bill still might not let schools and universities keep short recordings of online lessons for students who miss class, so some students could still miss access to teaching material.
Attorney-General Michelle Rowland MP introduced this bill. It passed on the voices.
Did it become law?
Yes
Became law 01 Apr 2026
Final passage
Passed without a counted vote
2 recorded amendment or procedural votes were found, but no counted vote on the bill itself was recorded.
Passage speed
146 days
From introduction to the latest recorded parliamentary step
Meaning
The bill sets up an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found.. It applies to copyright material whose owner cannot be identified or found after a careful search. If someone searches properly, keeps records and gives notice, what a court can order for the owner over past use is limited.
If the owner later comes forward, they can still seek reasonable payment for the earlier use. If the user wants to keep using the material, both sides can agree on terms. If they cannot agree, a court can set terms or order the use to stop.
The bill also confirms that the rule allowing copyright material to be used in lessons works the same in class, online and in mixed classes. It also covers parents and other people helping with teaching or supporting a lesson.
A later amendment says that when a school or university uses an orphan work under the notice process, that use does not also count under the separate education copying licenceA legal licence letting educational institutions copy or share works in return for set payments.. The notice may also need to be sent in a set way to people or bodies named by the minister, but missing that step does not change that result.
The Copyright Amendment Bill 2025 amends the Copyright Act 1968 (the Act) to introduce a scheme to support reasonable use of copyright material if the copyright owner cannot be identified or located, commonly known as an ‘orphan work’. Copyright material can generally not be used where it is orphaned, including for socially and creatively beneficial reasons. The orphan works scheme seeks to facilitate use of genuinely orphaned materials by limiting the remedies available for infringing use if the user conducts a reasonably diligent search for the copyright owner or owners and meets certain other requirements. At the same time, it also provides a means by which copyright owners can reasonably assert their rights should they later come forward.Explanatory memorandum
While the conditions a user must meet to rely on the scheme should mean that instances of a copyright owner later being identified or located are rare, the Bill provides protections for copyright owners in such circumstances. If the copyright owner later emerges, the scheme will allow them to seek reasonable payment for the past use. If a user wishes to continue to use the work in the same way, the scheme will also provide for the user and the copyright owner to negotiate terms for the continuing use. If agreement cannot be reached, a court may set reasonable terms for continuing use or provide injunctive relief.Explanatory memorandum
The Bill also amends section 28 of the Act, which relates to performance and communication of works and other subject matter in the course of educational instruction. Section 28 allows teachers and students to perform (present) copyright material in the course of educational instruction and to communicate (make available online or electronically transmit) copyright material if made merely to facilitate its performance, without treating this as a public performance for which remuneration may be payable. The proposed amendments are intended to put beyond doubt that section 28 applies in online or hybrid classroom settings in the same way it does in the physical classroom. This includes when teachers are teaching from home or another location, students are participating online or when parents or other persons (such as members of the local community) are providing the educational instruction, helping students or involved in lessons.Explanatory memorandum
It provides that an educational institution’s copying or communication of a work is not “licensed copying or communicating” under section 113Q if the use is covered by an orphan-works notice under new subsection 116AAE(6), and it adds a matching note to section 116AAE confirming that effect. The amendment also requires a copy of that notice to be given in any ministerially specified circumstances, to any specified person or body, and in any specified form set by legislative instrument, although non-compliance with that notice-copying requirement does not undo the exclusion from licensed use.Enacted change context
Context
After Ministerial Copyright RoundtablesGovernment-convened meetings with stakeholders to discuss copyright problems and possible reforms. in 2023 identified orphan works and modern teaching uses as priority gaps, Australia still lacked a practical way to use some copyright material when no owner could be found. Pressure from libraries, educators and other users who faced infringement risk despite careful searches led Parliament to create an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found., clarify classroom and online teaching rules, and bring the ActAustralia's main federal law covering copyright ownership, permissions, infringements and exceptions. into force on 2 April 2026.
2023 copyright roundtablesGovernment-convened meetings with stakeholders to discuss copyright problems and possible reforms. put orphan works on agenda
Stakeholders from creator groups, education and collecting bodies met in ministerial roundtables to identify copyright problems needing practical reform.
Explanatory memorandum ↗Copyright bill proposes orphan-works and teaching changes
The bill set out a notice-and-records process that would limit court remedies for past use and update teaching rules for online and mixed classes.
AustLII ↗Untraceable works left careful users exposed to lawsuits
Even after genuine searches for a creator, organisations using orphaned material could still face serious infringement consequences.
Mondaq ↗House advances the bill after second-reading debate
Second-reading approval kept the reforms moving through the House for final consideration.
Parliament of Australia ↗Senate says reforms answer fast technological change
Final debate framed the reforms as a long-consulted balance between access to knowledge and protection for creators.
OpenAustralia/Hansard ↗Senate passes the bill and completes Parliament's work
Third reading in the Senate finished the bill's passage through Parliament on 31 March 2026.
Parliamentary timeline ↗Royal assent starts orphan-works scheme the next day
The bill received royal assent on 1 April 2026 and the whole Act commenced on 2 April 2026.
Royal assent ↗Legislative route
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
This committee did not raise any concerns about the bill.
Considered in published report
This committee did not raise any concerns about the bill.
Considered in published report
The committee looked at whether the bill would improve access to orphan works and make remote teaching rules clearer while still protecting copyright owners. It supported the bill and recommended that it pass.
Referred; report published
Committee report (19 Dec 2025)Members debated the bill in principle before the chamber decided whether to keep considering it.
The House sent the bill to the Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. so debate could continue in that parallel forum before reporting back to the House.
Referred to Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently.
Members debated the bill in principle before the chamber decided whether to keep considering it.
Second reading debate
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
Consideration in detail debate. Amendment: 3 Government agreed to.
Consideration in detail debate
The Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. finished its work on the bill and reported it back to the House for the next formal step.
Reported from Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently.
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Introduced and read a first time
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Second reading moved
Members debated the bill in principle before the chamber decided whether to keep considering it.
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Second reading agreed to
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Third reading agreed to
Key criticism
The main concern was that the bill still might not let schools and universities keep short recordings of online lessons for students who miss class, so some students could still miss access to teaching material.
This was a limited criticism about how the teaching rules were drafted, not broad opposition to the bill.
Lesson recordings
Schools and universities could still be unable to keep short recordings of online lessons for students who miss class, even if safeguards were added.
Further sources
Votes
The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.
House agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Senate agreed to the bill's third reading on the voices, so there is no list of individual Aye and No votes for final passage in that chamber.
Passed on the voices
In a voice vote, members call out Aye or No and the presiding officer judges which side has it. Individual names are only recorded if a formal division is called.
Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.
House
APH records 3 Government amendments agreed on the voices. The public amendment list groups them into 1 amendment sheet, so this page summarizes the package by source theme.
Passed on the voices
The chamber agreed to this amendment package without a counted vote. APH records the agreed count by amendment, while the source documents are grouped into amendment sheets.
Senate
Moved by David Shoebridge (Australian Greens). Defeated 16 to 26. Support came from Greens, One Nation, and minor parties and independents. Opposition came from Labor, Liberal, and Nationals.
Defeat left the bill unchanged and withheld Senate support for extending section 28A Copyright Act provision allowing some copyright use during teaching without the owner's permission. to recorded lessons.
Moved by David Pocock (Crossbench). Defeated 16 to 26. Support came from Greens, One Nation, and minor parties and independents. Opposition came from Labor, Liberal, and Nationals.
Defeat left the bill unchanged and avoided attaching that anti-unpaid-use statement to the second reading.
These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.
Parliamentary debate
Start here — lead voices
Rowland supports the bill as a package of copyright reforms that would create an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found., clarify that copyright rules apply consistently to in-person, online and hybrid teaching, and make technical updates to improve the actAustralia's main federal law covering copyright ownership, permissions, infringements and exceptions.’s operation.
Read in Hansard ↗Senator Cash says the coalition supports the bill as a balanced update to copyright law that modernises the framework for digital learning and orphan works while continuing to protect creators.
Read in Hansard ↗Senator Pocock says the bill is a good measure and supports stronger protection of creators’ rights, especially against AI companies and big tech using copyrighted works without proper negotiation or payment.
Read in Hansard ↗The speaker supports the bill and says it delivers two main copyright reforms: an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found. to enable socially beneficial use of material whose owners cannot be found, and clearer rules so copyright law applies consistently in physical, online and hybrid education settings.
Read in Hansard ↗All speeches by bloc
3 speakers · 3 support
“The Copyright Amendment Bill incorporates two important reforms to facilitate the use of copyright materials for public benefit, while also continuing to provide support to those working in the creative and media industries who rely on copyright for their work.”Read the full speech in Hansard ↗
“The Copyright Amendment Bill incorporates two important reforms to facilitate the use of copyright materials for public benefit, while also continuing to provide support to those working in the creative and media industries who rely on copyright for their work.”Read the full speech in Hansard ↗
“The bill will also strengthen and modernise the Copyright Act through various minor and technical amendments to simplify, update and clarify certain provisions. I thank the Senate Legal and Constitutional Affairs Legislation Committee, expertly chaired by Senator Jana Stewart, for its inquiry into the bill over the recent months. The government agrees with the committee's sole recommendation that the bill be passed.”Read the full speech in Hansard ↗
1 speaker · 1 support
“More broadly, this bill sits within a wider conversation about how copyright interacts with emerging technologies, including artificial intelligence. These are complex and evolving issues. Whilst this legislation does take some steps forward—and that is why we are supporting it—it is unlikely to be the final word. For that reason, the coalition emphasises the importance of ongoing scrutiny and accountability. We will be closely monitoring the implementation of this legislation, and we want to ensure that: the orphan works scheme operates as intended, without disadvantage in the rights of holders; educational provisions are applied fairly and responsively; and creators and industries continue to receive strong protection under Australian law.”Read the full speech in Hansard ↗
1 speaker · 2 contributions · 1 mixed
Hansard records 2 separate contributions by Shoebridge, including an amendment-moving contribution. They are grouped here so the speaker is listed once.
Moved amendment
Shoebridge says the bill usefully clarifies that teachers can use copyright material in live online lessons, but argues it still fails to protect educational institutions when classes are recorded for students who miss them. He moves a second reading amendment urging further changes to section 28A Copyright Act provision allowing some copyright use during teaching without the owner's permission. so recorded lessons can be accessed for a limited time with safeguards.
“I move the second reading amendment that was circulated in my name and which makes clear that there is much more work to be done when it comes to the section 28 issue in relation to the Copyright Amendment Bill 2026:”Read this contribution in Hansard ↗
BILLS - Copyright Amendment Bill 2026 - Second Reading
The Greens support the Copyright Amendment Bill 2026, highlighting the orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found. as a major benefit. However, the speaker also raises specific concerns about proposed section 28A Copyright Act provision allowing some copyright use during teaching without the owner's permission. and says the bill must balance fair remuneration for creators with access to copyright material for teaching, especially online education.
“I rise on behalf of my party, the Greens, to indicate that we are supporting the Copyright Amendment Bill 2026, and I note that one of the key benefits of this legislation is that it provides for an orphan works scheme. But in the short time available to me I wish to read onto the record our concerns about the operation of the proposed section 28. There are competing interests at play in the debate over the proposed section 28: the interests of copyright holders, creatives and others to ensure that they are adequately remunerated for their creativity and their work as well as the interests, particularly in public education, to have clear and ready access to copyright materials for the purposes of teaching and particularly for the purposes of giving access to online education.”Read this contribution in Hansard ↗
1 speaker · 1 support
“The bill does not address the major concern about copyright law, which is using copyright material to train AI. Under the Copyright Act 1968, teaching and AI on copyrighted works generally requires permission or a licence from the copyright owner. Reproducing producing substantial parts of copyrighted works in an AI's output, such as quoting long excerpts or reproducing poems or images is usually an infringement. The exception is a narrow fair-use exception for academic and news purposes. Where this becomes a problem is in areas of search where the old ten blue links in Google's page of search results have been replaced with an AI answer, which uses information from a copyrighted website, generally removing the need to visit the site. Many artificial intelligence sites—ChatGPT being a major offender—will use data from a copyrighted site to answer a user question and even make recommendations for which website to use based on the data from a different site. The issue of AI appropriating copyrighted works or copyrighted webpages is an issue that will need to be addressed in the near future. One Nation will support this bill.”Read the full speech in Hansard ↗
1 speaker · 2 contributions · 1 mixed
Hansard records 2 separate contributions by Pocock on this bill. They are grouped here so the speaker is listed once.
BILLS - Copyright Amendment Bill 2026 - Second Reading
Senator Pocock says the bill is a good measure and supports stronger protection of creators’ rights, especially against AI companies and big tech using copyrighted works without proper negotiation or payment. However, he materially qualifies that support by foreshadowing a second reading amendment to reaffirm copyright protections and urging the Senate to back it.
“It is important that the Senate says, 'We will protect copyright of creatives.' It's not good enough that you are a multibillion dollar company that has a huge amount of clout; that doesn't matter. You've got to pay copyright holders to use their works. I think it will get caught up in the guillotine, but I foreshadow a second reading amendment that very simply states that—and I would urge Senate colleagues to back copyright holders in Australia and back that second reading amendment.”Read this contribution in Hansard ↗
BILLS - Copyright Amendment Bill 2026 - Second Reading
He moved a second-reading amendment affirming that creators and rightsholders should control and be fairly paid for the use of their works, and rejecting text and data mining exceptions that would allow tech companies to use copyrighted material without authorisation or payment.
“(b) rejects any proposal to introduce text and data mining exceptions or any other provisions that would allow Big Tech to use copyrighted material without authorisation or payment".”Read this contribution in Hansard ↗
Record
House · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
House · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
House · Referred to Federation Chamber
Referred to Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently.
The House sent the bill to the Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. so debate could continue in that parallel forum before reporting back to the House.
House · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
House · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
House · Consideration in detail: amendments considered
Consideration in detail debate
Consideration in detail debate. Amendment: 3 Government agreed to.
House · Reported from Federation Chamber
Reported from Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently.
The Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. finished its work on the bill and reported it back to the House for the next formal step.
House · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate · Introduced and read a first time
Introduced
The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.
Senate · Second reading moved
Second reading opened
A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.
Senate · Second reading debate
Second reading debate
Members debated the bill in principle before the chamber decided whether to keep considering it.
Senate · Second reading agreed to
Second reading agreed
The chamber agreed to the bill at second reading, meaning it accepted the bill in principle and allowed it to continue.
Senate · Third reading agreed to
Third reading agreed
The chamber agreed to the bill at third reading, which completed passage through that chamber.
Senate Standing Committee for the Scrutiny of Bills
Considered in published report
This committee did not raise any concerns about the bill.
Scrutiny Digest 8 of 2025; Bill No Comment
Scrutiny Digest 8 of 2025Parliamentary Joint Committee on Human Rights
Considered in published report
This committee did not raise any concerns about the bill.
Report 7 of 2025; No Comment
Report 7 of 2025Senate Legal and Constitutional Affairs Legislation Committee
Referred; report published
The committee looked at whether the bill would improve access to orphan works and make remote teaching rules clearer while still protecting copyright owners. It supported the bill and recommended that it pass.
Referred to Committee (6 Nov 2025): Senate Legal and Constitutional Affairs Legislation Committee; Committee report (19 Dec 2025)
Committee report (19 Dec 2025)