The Copyright Amendment Act 2026 has introduced a new ‘orphan works’ scheme to the Copyright Act, amongst other changes. The changes were passed on 31 March 2026.
Our previous update explained the legal risks arising from the use of orphan works and how the orphan works scheme operates.
The scheme limits the remedies that are available to copyright owners (if they come forward) where a person was unable to find the copyright owner after a reasonably diligent search.
The proposed scheme was passed largely as proposed (with only one amendment relating to the educational statutory licence).
The orphan works scheme applies to uses that occur or begin after the new law commenced (2 April 2026).
For assistance with copyright and orphan works, please contact Adam Simpson, Ian McDonald or Anna Spies.