Progress towards domestic copyright reforms
The Attorney-General and the Attorney-General’s Department have continued to progress domestic copyright reforms to establish an Australian orphan works scheme and to ensure the Copyright Act applies consistently to online and physical learning environments, culminating in the Copyright Amendment Bill 2026. The Bill passed on 31 March 2026 following consideration by Parliament.
The reforms arose from a series of Ministerial Copyright Roundtables held in 2023, which brought together stakeholders from a range of sectors to identify and discuss copyright priorities and emerging issues, with a view to developing practical and achievable copyright reform proposals for the Australian Government’s consideration.
An Australian orphan works scheme
An ‘orphan work’ is copyright material for which the owner cannot be identified or located in order to seek permission for the use of that material. The proposed orphan works scheme would facilitate the use of such material by limiting the remedies that can be sought against a person who uses an orphan work, provided that:
- a reasonably diligent search for the copyright owner(s) has been undertaken within a reasonable time before use of the material the material is used, and the copyright owner(s) cannot be identified or located
- a record of the search is maintained for a reasonable period, and
- clear and prominent notice is given that the work is being used under the orphan works scheme.
The scheme is intended to provide greater legal certainty for prospective users and to facilitate access to cultural, historical and educational materials held by Australian cultural institutions, enabling broader public benefit from resulting scientific, literary, and artistic progress.
At the same time, the scheme safeguards the interests of rights holders, including by requiring a diligent search which may help reconnect copyright owners with their copyright material that may have become unintentionally or unknowingly orphaned, and providing a means to assert their rights should they later by identified and located. This includes the ability to negotiate reasonable payment for the use of an orphan work and the ability to seek injunctive relief in relation to the continuing use of the work.
Section 28 of the Copyright Act
Proposed amendments to section 28 of the Copyright Act, which allows for the performance and associated communication of certain types of copyright material in the course of educational instruction, seek to put beyond doubt that the provision applies equally to all lessons, regardless of whether they are conducted online, in a hybrid setting, or in the physical classroom. They also make clear that parents and other persons can assist or otherwise support students or teachers in these lessons, and that persons other than a teacher (such as a member of the local community) can provide educational instruction under this provision.
The proposed amendments are intended to address any ambiguity in section 28 and do not intend to impact existing licensing arrangements, which support the creative and media sectors’ important contributions to teaching and learning.
Copyright law and artificial intelligence
The intersection of copyright law and artificial intelligence (AI) continues to be an important issue both in Australia and internationally. Getting copyright settings right can help deliver benefits for Australian citizens and communities – but deciding what ‘right’ means is complex. There is complexity because of the different impacts AI may have on different industries, the rapid pace at which AI technology and its commercial environment are developing, and the potentially significant flow-on effects across our economy and community.
On 5 December 2023, the then Attorney-General announced the establishment of a Copyright and Artificial Intelligence Reference Group (CAIRG) to better prepare for future copyright challenges emerging from AI. The CAIRG is a standing mechanism through which the Attorney-General's Department is engaging with stakeholders across a wide range of sectors, including the creative, media, technology, and academic sectors, to consider copyright and AI issues in a careful and consultative way.
The Attorney-General's Department continues to engage with stakeholders, including through the CAIRG, to understand the copyright-related impacts of AI on their sectors, the broader community and economy.
Between October and December 2025, the Attorney-General's Department sought feedback from the CAIRG on 3 priority issues:
- encouraging fair, legal avenues for using copyright material in AI, through examination of licensing arrangements
- improving certainty on the application of copyright law to material generated through the use of AI, and
- exploring avenues for less costly enforcement.
This engagement is informing the Attorney-General's Department’s advice to government on copyright and AI issues. Information about the department's work with the CAIRG is available on the department's website.1
Endnotes
- Attorney-General’s Department Copyright and Artificial Intelligence Reference Group (CAIRG) [website], 2024, accessed 14 April 2026.