Wikimedia Australia supports proposed reforms in the Copyright Amendment Bill 2025
Wikimedia Australia recently made a submission to the Senate inquiry into the Copyright Amendment Bill 2025, strongly supporting the introduction of an orphan works scheme and modernised remote learning provisions. These reforms are essential for improving public access to knowledge while respecting creators’ rights.
Why orphan works reform matters
Australia’s galleries, libraries, archives and museums hold vast collections of culturally significant materials for which no copyright owner can be identified. Institutions can legally share or exhibit these items under section 200AB for flexible dealing. However the public - including Wikipedia contributors - currently cannot legally reuse them. Additionally, the general public often personally hold items, where the copyright holder can not be identified or located.
The proposed orphan works scheme creates a clear, safe pathway for anyone to use these works after undertaking a reasonably diligent search for the copyright holder. This will unlock important materials such as local history records, early photographs and personal papers, enriching Wikipedia and improving public access to records of Australia’s past.
We also recommended that implementation guidelines be practical and accessible, ensuring volunteers, small organisations and community groups can confidently participate. We encouraged flexibility for circumstances where bulk uses are reasonable, including when a GLAM institution has already conducted a search.
Respect for Indigenous knowledge
We noted the need for respectful handling of materials containing Indigenous Cultural and Intellectual Property (ICIP). Regardless of copyright status, First Peoples’ connection to cultural knowledge endures, and ICIP considerations should be included in legislation, guidelines or complementary processes.
Updating copyright for education
Wikimedia Australia also supports the clarification on educational copyright exceptions that apply equally to in-person, online and hybrid teaching. This reflects how students access learning today and aligns with Wikimedia’s role in providing free educational content.
A balanced and overdue reform
In summary, the Copyright Amendment Bill 2025 addresses major gaps in the current system and will help bring Australia’s copyright law into the digital age. We urge the Committee to recommend its passage without delay.
Continuing our advocacy
Wikimedia Australia will continue to advocate for copyright settings and reform that support access, equity, and public benefit. This will enable all Australians to contribute confidently to Wiki projects and other digital public spaces.
You can:
- Read WMAU’s full submission to the Senate Legal and Constitutional Affairs Legislation Committee
- Read other submissions to the Senate Legal and Constitutional Affairs Legislation Committee
- Follow the inquiry’s progress by visiting the Senate Committee’s page noting a Report is due 19 December 2025
- Follow the Copyright Amendment Bill 2025 in Parliament
Useful links
- WMAU previous submission - Response to the Copyright Amendment (Access Reforms) Bill 2021
- WMAU previous submission to the National Cultural Policy
- Wikimedia Australia joins national Copyright and AI reference group
Image: Archives New Zealand from New Zealand, CC BY-SA 2.0, via Wikimedia Commons
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