Copyright Act 1968 — record-keeping for orphan works
From January 2023 — diligent search + record-keeping needed for orphan works defence.
Who must comply
Anyone reproducing copyrighted works; cultural + educational institutions; AI training data builders.
What triggers it
Use of unidentifiable copyrighted work.
When due
Continuous record-keeping; defence-time documentation.
Evidence required
Diligent search records + attribution + acknowledgment.
Max penalty
—
Summary
Copyright Amendment (Disability Access and Other Measures) Act 2017 + Copyright Amendment (Access Reform) Act 2023. Orphan works defence requires reasonable search + record-keeping. Educational + cultural institution exceptions.
Enforced by
Source legislation
Topics
Related obligations
- CWLTHFile patent applications with IP AustraliaPatents protect inventions for up to 20 years (standard) or 8 years (innovation patents — being phased out).
- CWLTHRegister trademarks with IP AustraliaWithout registration, brand protection relies on common-law passing-off — costly to enforce.
- CWLTHRegister designs with IP AustraliaRegistered designs protect product visual appearance for up to 10 years.
- CWLTHTrade Marks Act 1995 — registration + renewalIP Australia administers trade mark registration; 10-year terms + renewals + use requirements.
- CWLTHPatents Act 1990 — standard + innovation patentsIP Australia administers standard + innovation patents (innovation patent system closing).
- CWLTHDesigns Act 2003 — design registrationIP Australia administers registered designs — visual appearance of products.
Frequently asked questions
- Who must comply with Copyright Act 1968 — record-keeping for orphan works?
- Anyone reproducing copyrighted works; cultural + educational institutions; AI training data builders.
- What triggers Copyright Act 1968 — record-keeping for orphan works?
- Use of unidentifiable copyrighted work.
- When is Copyright Act 1968 — record-keeping for orphan works due?
- Continuous record-keeping; defence-time documentation.
- What evidence is required for Copyright Act 1968 — record-keeping for orphan works?
- Diligent search records + attribution + acknowledgment.
Source: https://ag.gov.au/rights-and-protections/copyright. Rules Mate is not a law firm. Always verify against the live regulator source before acting.