The Copyright Amendment Act 2026 has now passed through Parliament and is on its way to receiving Royal Assent.
These reforms introduce two meaningful and welcome changes for the ANU community:
Orphan Works
A new orphan-works scheme will allow universities and cultural institutions to use materials where the copyright owner cannot be found, provided a reasonably diligent search has been completed. This will make it much easier for ANU to work with older, historical, and unattributed items, particularly in digitisation, teaching, and research, while providing clear protections if a copyright owner later comes forward.
What this means in practice:
- ANU will be able to digitise and share more of its collections.
- Researchers and students may have improved access to materials that were previously too risky to use.
- A simple and transparent process (search, record, and publish a notice) must now be followed before making use of an orphan work.
This represents a positive step forward for the Library, Archives, researchers, and anyone working with legacy or unique historical materials.
Teaching and Learning
Section 28 has been updated so that the longstanding educational exception now clearly applies to in-person, online, and hybrid classes. Previously, the law assumed all teaching took place in a physical classroom, but modern teaching practices are no longer confined to a single space.
This update should give educators greater confidence when using copyright material during real-time online learning and better reflects the diverse ways instruction now takes place across the University.
These changes will not alter any existing licences or day-to-day obligations, but they do provide clearer, more supportive rules for how materials may be used and shared in teaching.
What happens next?
The amendment is currently with the Governor-General to receive Royal Assent. Once received, it is expected to come into force the very next day. Further updates will be provided as the amendments come into effect.
If there are any questions about how these changes relate to teaching, research, or collections work, please contact copyright@anu.edu.au.
