Michelle Rowland (Greenway, Australian Labor Party, Attorney-General) Share this | Hansard source

I present a supplementary explanatory memorandum to the Copyright Amendment Bill 2025. I ask leave of the Federation Chamber to move government amendments (1) to (3), as circulated, together.

Leave granted.

I move government amendments (1) to (3), as circulated, together:

(1) Schedule 1, page 3 (after line 3), before item 1, insert:

1A Subsection 10(1) (definition of licensed copying or communicating )

Omit "subsection 113Q(2)", substitute "subsections 113Q(2) and (2A)".

1B After subsection 113Q(2)

Insert:

Copying and communicating works when owner cannot be found

(2A) However, copying or communicating mentioned in subsection 113P(1) or (2) is not licensed copying or communicating if it is covered by a notice under subsection 116AAE(6) given in relation to, or in connection with, the educational institution.

Note: Under Division 2AAA of Part V, remedies available for infringement of copyright may be limited where the owner of works could not be found before use. Section 116AAE sets out conditions that must be satisfied for this to occur.

(2B) If the copying or communicating is covered by a notice under subsection 116AAE(6), a copy of that notice must be given:

(a) in the circumstances (if any) specified in a determination under subsection (2C); and

(b) to a person or body (if any) specified in a determination under subsection (2C); and

(c) in accordance with the requirements (if any) specified in a determination under subsection (2C).

(2C) The Minister may, by legislative instrument, specify:

(a) circumstances for the purposes of paragraph (2B)(a); and

(b) one or more persons or bodies for the purposes of paragraph (2B)(b); and

(c) requirements for the purposes of paragraph (2B)(c).

(2D) To avoid doubt, a failure to comply with subsection (2B) does not affect subsection (2A).

When remuneration notice applies

(2) Schedule 1, item 1, page 5 (after line 15), at the end of subsection 116AAE(6), add:

Note: A notice under this subsection also has effect for the purposes of subsection 113Q(2A) (which is about when copying or communicating by educational institutions is not licensed).

(3) Schedule 1, item 1, page 6 (line 7), omit "maybe", substitute "may be".

The Copyright Amendment Bill amends the Copyright Act 1968 to establish an Australian orphan-works scheme. The scheme in the bill facilitates the use of orphan-works—copyright material for which the owner is unknown or cannot be found—by limiting the remedies available for copyright infringement if the steps in the scheme are followed. The intent of the amendment proposed to the orphan-works scheme is to provide choice to people who could otherwise rely on the education statutory licence, like teachers. The proposed amendments give these people a choice to instead rely on the orphan-works scheme if this better suits their needs. Providing choice was part of the original policy intent of the bill, and this amendment ensures the bill achieves this intent.

Question agreed to.

Bill, as amended, agreed to.

Ordered that this bill be reported to the House with amendments.

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