The Albanese Government has today introduced legislation to establish an Australian orphan works scheme and ensure the Copyright Act can apply consistently to support online and hybrid learning.
Orphan works refer to copyrighted material where an owner is unknown or unlocatable, and this Bill will introduce a scheme that seeks to limit remedies available for infringing use of orphan works in certain circumstances.
The orphan works scheme provides greater legal certainty and expands access to a broader collection of creative, historical and educational works held by Australia's cultural and educational institutions, such as libraries and museums.
At the same time, the scheme protects copyright owners - providing reasonable scope to come forward and assert their rights in the rare case an owner is later identified. The search requirements under the scheme may also help reunite copyright owners with works that have unintentionally become orphaned and allow them to benefit from their exclusive rights once more.
The Bill also makes clear that existing rules for copyright materials in the physical classroom apply when lessons are delivered online or in hybrid settings. The changes will clarify that parents and others, such as members of the community and the local police, can assist with these lessons, enhancing the educational experience.
This is important for students accessing their education online, or for younger students who may require assistance from a parent or other person.
This measure ensures students can take part in diversified learning experiences, while retaining the licensing frameworks that support the creative and media sector's contribution to education.
Quotes attributable to the Attorney-General, Hon Michelle Rowland MP:
"The Albanese Government's orphan works scheme will clarify which works are considered 'orphaned', promoting cultural, creative, and scientific progress by making them available to benefit the Australian people, while also helping to provide greater legal certainty.
"The Government values the contribution of the creative and media sectors to our cultural and economic prosperity. Importantly, this scheme provides protections for copyright owners to assert their rights if they are later identified, including avenues for reasonable payment.
"We also believe that every child should have access to the best education possible, regardless of their circumstances
"The Government will clarify that the Copyright Act applies consistently to support in-person, online and hybrid classes, and will enrich the educational experience by ensuring that parents, guardians and others can assist with these lessons."
