FED Limits on Monetary Damages for Infringing Use of Orphan Works

Copyright Amendment Bill 2026

31 Mar 2026: Passed by Parliament and signed off by the governor.

This bill kicks in: TBA

House of Representatives

Senate

Assent

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Topics

copyright digital learning educational instruction intellectual property orphan works property rights

Introduced by: The Hon Michelle Rowland MP (ALP)

Links to official parliament websites

Official page: progress through parliament

Effects of this bill

If this bill passes, it means that:

Courts cannot award damages or profits to copyright owners if a defendant proves they did a diligent search for the owner of an orphan work.
The defendant must keep a record of the search; they must also post a clear notice that the owner could not be located.
Courts can still order a defendant to make a reasonable payment to the owner of an orphan work.
Defendants and copyright owners can agree to terms for the continued use of the material to avoid infringement.
Courts can set the terms for continued use or grant an injunction if the parties cannot agree.
Teachers and students can use copyright material for instruction delivered in person or via remote technology.
The Commonwealth must pay compensation if it acquires property on terms that are not just.

The Debate

What different members said when this bill was debated:

Tim Ayres ALP

“I table a revised explanatory memorandum relating to Copyright Amendment Bill 2026 and move: That these bills be now read a second time. I seek leave to have the second reading speeches incorporated in Hansard. Leave granted.”

Official source →

Michaelia Cash LIB

“I rise to speak on the Copyright Amendment Bill 2026. This is legislation that affects the increasing pressure on our legal frameworks to keep pace with rapid technological change.”

Official source →

David Shoebridge GRN

“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.”

Official source →

Penny Allman-Payne GRN

“The Copyright Amendment Bill 2025 is the result of consultation over two years to solve a problem that’s existed around orphan works. Schedule 1 of the bill creates a statutory framework that enables lawful use of orphan works when the copyright owner cannot be identified or located despite a reasonably diligent approach.”

Official source →

Nita Green ALP

“I thank all senators for their contributions to the debate on the Copyright Amendment Bill 2026. This bill implements two priority legislative reforms.”

Official source →