Does Copyright Act 1968 — record-keeping for orphan works apply to media and publishing businesses?
A computed answer from the Rules Mate applicability engine, with the exact condition, the outcome for every structure and size, and the primary source.
Short answer: Only if
Only if you rely on the orphan-works or educational copyright exceptions. Being in this industry makes the obligation worth checking (Industry: Media & publishing), but the trigger is a fact the industry alone does not settle.
The obligation in brief
Copyright Act 1968 — record-keeping for orphan works. Copyright Amendment (Disability Access and Other Measures) Act 2017 + Copyright Amendment (Access Reform) Act 2023. Orphan works defence requires reasonable search + record-keeping.
Trigger: Use of unidentifiable copyrighted work.
Why media & publishing get a different answer
Rules Mate runs its applicability engine across 9 business structures and 6 size bands for each of the 35 industries it maps. For 33 of those industries the answer for "Copyright Act 1968 — record-keeping for orphan works" is no. Media & publishing is one of the 2 where the answer is different: only if.
The deciding fact for media and publishing businesses: Industry: Media & publishing; applies only if you rely on the orphan-works or educational copyright exceptions.
About the industry: Broadcasters, publishers, and content platforms.
Compare a professional services (general) business with 6–19 employees structured as a Pty Ltd company: the obligation does not apply (Requires a trigger outside this questionnaire).
Answer by business structure and size
Each cell is the engine's outcome for a business in media & publishing with that structure and size, assuming it sells to consumers and small businesses and holds customer contact details. "Check" means the obligation turns on a fact the industry does not settle.
| Structure | No employees | 1–5 employees | 6–19 employees | 20–99 employees | 100–499 employees | 500+ employees |
|---|---|---|---|---|---|---|
| Sole trader | Check | Check | Check | Check | Check | Check |
| Partnership | Check | Check | Check | Check | Check | Check |
| Trust | Check | Check | Check | Check | Check | Check |
| Pty Ltd company | Check | Check | Check | Check | Check | Check |
| Public company | Check | Check | Check | Check | Check | Check |
| Not-for-profit (unregistered) | Check | Check | Check | Check | Check | Check |
| Registered charity | Check | Check | Check | Check | Check | Check |
| Super fund | Check | Check | Check | Check | Check | Check |
| Foreign company | Check | Check | Check | Check | Check | Check |
What the obligation requires
- When due
- Continuous record-keeping; defence-time documentation.
- Evidence to keep
- Diligent search records + attribution + acknowledgment.
- Regulator
- AGD
- Jurisdiction
- Commonwealth (national)
Other industries with a non-default answer
Questions
- Does Copyright Act 1968 — record-keeping for orphan works apply to media and publishing businesses?
- Only if you rely on the orphan-works or educational copyright exceptions. Being in this industry makes the obligation worth checking (Industry: Media & publishing), but the trigger is a fact the industry alone does not settle.
- Is the answer the same for every industry?
- No. For 33 of the 35 industries Rules Mate maps, the answer is no. Media & publishing is one of 2 industries with a different answer.
Related
Sources
Computed by the Rules Mate applicability engine from the published obligation corpus; facts last checked 3 October 2026. Rules Mate is not a law firm and this is general information, not legal advice. Confirm your position with the regulator source or a qualified adviser before acting.