Copyright Amendment

Current status

This bill became law on Apr 1st, 2026.

Policy area

Law, justice & rights

What does this bill do?

The bill sets up an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found..

Why was it introduced?

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.

Broader 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.

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.

Who supported it?

Attorney-General Michelle Rowland MP introduced this bill. It passed on the voices.

Introduced in House 05 Nov 2025
Passed House 04 Feb 2026
Passed Senate 31 Mar 2026
Became law 01 Apr 2026

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

Official record

View on APH

Parliament of Australia bill page

What does this bill do?

  1. 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.

  2. 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.

  3. 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.

  4. 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.

Show source excerpts
  1. 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
  2. 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
  3. 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
  4. 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

Broader context for this bill

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.

  1. 01 Jan 2023

    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 ↗
  2. 05 Nov 2025

    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 ↗
  3. 26 Jan 2026

    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 ↗
  4. 03 Feb 2026

    House advances the bill after second-reading debate

    Second-reading approval kept the reforms moving through the House for final consideration.

    Parliament of Australia ↗
  5. 31 Mar 2026

    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 ↗
  6. 31 Mar 2026

    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 ↗
  7. 01 Apr 2026

    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 ↗

How did it move through Parliament?

House Senate
Introduced 05 Nov 2025

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 05 Nov 2025

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Scrutiny of Bills review 18 Nov 2025

This committee did not raise any concerns about the bill.

Considered in published report

Human Rights review 26 Nov 2025

This committee did not raise any concerns about the bill.

Considered in published report

Legal and Constitutional Affairs report: recommend passage 19 Dec 2025

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)
Second reading debate 03 Feb 2026

Members debated the bill in principle before the chamber decided whether to keep considering it.

Sent to Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. for debate 03 Feb 2026

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.

Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. debate 03 Feb 2026

Members debated the bill in principle before the chamber decided whether to keep considering it.

Second reading debate

House second reading agreed 03 Feb 2026

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

House agreed to amendment packages 03 Feb 2026

Consideration in detail debate. Amendment: 3 Government agreed to.

Consideration in detail debate

Returned from Federation ChamberA parallel forum of the House where bills can be debated and handled more efficiently. 04 Feb 2026

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.

House third reading agreed 04 Feb 2026

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

Introduced 05 Feb 2026

The bill was formally presented to the chamber and read a first time, which starts its parliamentary journey.

Introduced and read a first time

Second reading opened 05 Feb 2026

A minister or sponsoring member moved the second reading, opening the main debate on the bill's purpose and principles.

Second reading moved

Second reading debate 31 Mar 2026

Members debated the bill in principle before the chamber decided whether to keep considering it.

Senate second reading agreed 31 Mar 2026

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

Senate third reading agreed 31 Mar 2026

The chamber agreed to the bill at third reading, which completed passage through that chamber.

Third reading agreed to

The main case against this bill

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.

Raised by David Shoebridge Source ↗

Recorded votes

How the bill itself passed

The bill passed both chambers on the voices. The counted divisions below were about amendments or procedure, not final passage.

Passed

House passed the bill

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.

04 Feb 2026

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.

Passed

Senate passed the bill

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.

31 Mar 2026

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 at a glance

Amendments grouped by chamber. Where APH reports aggregate counts, the package card summarizes the matching public amendment sheets by source theme.

House

Carried

Government package: 3 amendments

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.

03 Feb 2026

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.

Themes in the public amendment sheets

Senate

Defeated

Call for temporary recordings of lessons for absent students

Aye 16 No 26

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.

31 Mar 2026

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.

Party Recorded votes Aye / No
Labor 0 / 22
Greens 10 / 0
One Nation 4 / 0
Liberal 0 / 3
Independent 2 / 0
Nationals 0 / 1
Defeated

Reject unpaid AI training on copyrighted material

Aye 16 No 26

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.

31 Mar 2026

Defeat left the bill unchanged and avoided attaching that anti-unpaid-use statement to the second reading.

Party Recorded votes Aye / No
Labor 0 / 22
Greens 10 / 0
One Nation 4 / 0
Liberal 0 / 3
Independent 2 / 0
Nationals 0 / 1

These are amendment votes, not the final passage vote on the bill itself. The bill passed both chambers on the voices.

Who spoke, and what they said

Start here — lead voices

Sponsor speech Supports

Michelle Rowland

Australian Labor Party • MP 05 Nov 2025

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 ↗
Lead supporting voice Supports

Michaelia Cash

Liberal Party of Australia • Senator 31 Mar 2026

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 ↗
Lead non-major voice Mixed

David Pocock

Independent • Senator 31 Mar 2026

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 ↗
Lead voice Supports

Tim Ayres

Australian Labor Party • Senator 05 Feb 2026

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

Labor

3 speakers · 3 support

  1. Green The speaker supports the bill, arguing it delivers agreed copyright reforms by creating an orphan works schemeA legal process allowing some copyrighted material to be used when the owner cannot be found., updating classroom-use rules for online and hybrid teaching, and making technical improvements to modernise the ActAustralia's main federal law covering copyright ownership, permissions, infringements and exceptions..
    “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.”

    Australian Labor Party • Senator • 31 Mar 2026

    Read the full speech in Hansard ↗

Coalition

1 speaker · 1 support

Greens

1 speaker · 2 contributions · 1 mixed

  1. Shoebridge 2 contributions 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.

    Hansard records 2 separate contributions by Shoebridge, including an amendment-moving contribution. They are grouped here so the speaker is listed once.

    Moved amendment Australian Greens • Senator • 31 Mar 2026

    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 Australian Greens • Senator • 31 Mar 2026

    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 ↗

One Nation

1 speaker · 1 support

  1. Roberts Roberts says the bill usefully creates an orphan-works framework, extends teaching exceptions to online lessons and should help curb excessive copyright claims while benefiting cultural and educational institutions.
    “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.”

    One Nation • Senator • 31 Mar 2026

    Read the full speech in Hansard ↗

Minor parties and independents

1 speaker · 2 contributions · 1 mixed

Full record

Full chat