Wikimedia Australia welcomes the passage of the Copyright Amendment Act 2026

Australia has taken a significant step forward with its world-leading orphan works scheme.
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Wikimedia Australia celebrates the passage of the Copyright Amendment Act 2026 through the Australian Parliament. This long awaited and much needed reform represents an important step forward for access to knowledge, sharing cultural heritage and legal clarity for volunteer Wikimedians across Australia.

For many years, Australia’s copyright laws have created significant barriers for everyday people wanting to share historically and culturally valuable material online – particularly orphan works. Orphan works are materials that are still in copyright but whose rights holders cannot be identified or located. Despite genuine efforts to trace ownership, these works have often remained inaccessible, limiting their educational, cultural and historical value. Without permission from the copyright owner, they can not be shared publicly by a member of the public.

The passage of this legislation provides a practical and balanced pathway for the use of orphan works after a diligent search has been conducted. This reform strengthens Australia’s knowledge ecosystem while respecting the rights of creators.

Why This Matters for Wikimedians

Wikimedia projects, including Wikipedia, Wikimedia Commons, and Wikisource, are built and maintained by volunteers making knowledge freely accessible to all. Until now, the legal uncertainty surrounding orphan works has created risks for contributors seeking to share important Australian historical materials, photographs, documents and recordings. Only major institutions were able to share under section 200AB of the Copyright Act, leaving members of the public with no options to share orphan works without leaving themselves open to potential financial penalties should a copyright owner later come forward.

The new orphan works scheme limits remedies available when an orphan work is used in good faith and the copyright owner comes forward and asserts their rights in the future. To be afforded protection under the scheme:

  • the user of the orphan work must have undertaken a reasonably diligent search to identify the copyright owner of the orphaned material,
  • the search took place within a reasonable time before using the material,
  • a record of the search was maintained for a reasonable period of time,
  • they were unable to identify and locate the copyright owner at the time of the infringing use, and
  • notice that the material is being used for the purposes of the scheme was made in a clear and prominent manner.
  • The Copyright Amendment Act 2026 provides greater clarity and safeguards for Wikimedians and members of the public who act in good faith. It creates a more secure environment for:
  • Publishing historically significant but untraceable materials
  • Sharing family or community archives that would otherwise remain inaccessible
  • Expanding representation of Australian stories and communities
  • Supporting GLAM (Galleries, Libraries, Archives and Museums) partnerships

For Wikimedians, this reform offers a safer pathway to preserve and publish important works that reflect Australia’s diverse cultural heritage.

Advancing Open Knowledge in Australia

Wikimedia Australia has long advocated for balanced copyright reform that supports creators while enabling public access to knowledge. This legislation is leading global best practice and recognises that access to information strengthens education, research, innovation and participation.

By unlocking orphan works, we open doors for:

  • Historians and researchers seeking primary sources
  • Educators enriching classroom materials
  • Families and community organisations digitising and sharing collections online
  • Community contributors documenting local and First Nations histories

This reform also supports greater participation in digital knowledge spaces by reducing unnecessary legal uncertainty.

Importantly, WMAU recognises and supports clarification about the scheme that makes it clear that:

  • There is an expectation of greater search effort when an orphan works includes Indigenous Cultural and Intellectual Property (ICIP), including that a scheme users should, where possible, engage with the cultural groups to whom the ICIP relates and seek free, prior and informed consent (FPIC) for the use.
  • The new scheme works in tandem with section 200AB – the flexible dealing provision GLAM organisations have been using to digitise, publish and make publicly available digital copies of orphaned materials.
  • It also coexists with the educational statutory licence, meaning parties to that licence can opt to rely on it or the new scheme to make use of orphan works.
  • A scheme user still has obligations under Australia’s moral rights scheme, and should be respected to the extent it is reasonable to do so.
  • That it is not intended to allow the bulk use of orphan works for AI training.

In addition, WMAU welcomes the Act’s updates to remote learning measures, the amendment of the definition of ‘archives’ to capture all relevant holding institutions and offices, and clarification of section 180 on the duration of Crown copyright in specific situations.

Looking Ahead

With the Copyright Amendment Act 2026 now in force from 2 April 2026, it is not simply a technical legal update. It’s a meaningful step toward a more inclusive and accessible knowledge commons in Australia.

WMAU looks forward to working with policymakers, cultural institutions, and the Wikimedia community to ensure the effective and responsible implementation of these reforms. Together, we can continue building a digital environment where Australia’s history, culture, and knowledge are preserved and shared for generations to come.

We sincerely thank the many advocates, organisations, and community members who have contributed to this important reform journey over many years (even decades!) and we celebrate with them the opening up of more of Australia’s history and knowledge.

Open knowledge thrives when the law enables respectful and responsible sharing. And Australia has taken a significant step forward with its world-leading orphan works scheme.

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