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Who must comply with Copyright Act 1968 — record-keeping for orphan works?

The applicability test for Copyright Act 1968 — record-keeping for orphan works (AGD), computed across 35 industries, 9 business structures and 6 size bands.

Short answer: Only if

Applies only if you rely on the orphan-works or educational copyright exceptions. Whether it applies turns on a fact that no industry, structure or size settles on its own.

What the obligation is

From January 2023 — diligent search + record-keeping needed for orphan works defence.

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.

The applicability test

Applies only if you rely on the orphan-works or educational copyright exceptions. Whether it applies turns on a fact that no industry, structure or size settles on its own.

How the regulator frames it: Anyone reproducing copyrighted works; cultural + educational institutions; AI training data builders.

What triggers it: Use of unidentifiable copyrighted work.

Jurisdiction: Commonwealth law, so the test is the same in every state and territory.

Which industries are in or out

Outcome across the 35 industries Rules Mate maps (2 of 35: only if a further fact applies; 33 of 35: no).

IndustryAnswer
Education — higher education providersOnly if a further fact applies
Media & publishingOnly if a further fact applies
No33 other industries

Business structure and size

Structure does not change the answer in the 2 industries it can reach: for every structure the answer is "only if a further fact applies".

Size does not change the answer in the 2 industries it can reach: at every size band the answer is "only if a further fact applies".

Worked examples

Each line is one run of the Rules Mate applicability engine for a single business profile, with the reason the engine gives:

  • Pty Ltd company in real estate agents with 6–19 employees, turnover $1M–$3M: does not apply. Requires a trigger outside this questionnaire.
  • Pty Ltd company in education — higher education providers with 6–19 employees, turnover $1M–$3M: check whether it applies. applies only if you rely on the orphan-works or educational copyright exceptions.

When you need to check further

The engine shows this obligation as "check whether this applies" when a business has industry: Media & publishing / Education — higher education providers. It then applies only if you rely on the orphan-works or educational copyright exceptions. That fact is not something Rules Mate can infer from industry, structure or size.

What you must do, and when

When due
Continuous record-keeping; defence-time documentation.
Frequency
When a triggering event occurs
Evidence to keep
Diligent search records + attribution + acknowledgment.
Status
Current
Priority
Medium

Penalty for not complying

No maximum penalty is recorded for this obligation in the Rules Mate corpus; check the regulator source below.

Audit or assurance level

Rules Mate has not yet classified the audit or assurance level for this obligation. Any audit, review or certification requirement is set by the regulator source listed below.

Where it sits in the corpus

Rules Mate tracks 7 published obligations tagged "ip", 0 of them rated critical. For a professional services Pty Ltd company with 6–19 employees operating in every state, 0 of those apply outright. This obligation is rated medium priority, and is triggered by events.

Regulator, legislation and tools

Regulated by Attorney-General's Department.

AGD: Federal legal policy + administration of justice + national security law + privacy + FOI.

Copyright Act 1968: Copyright framework — original works, sound recordings, films, broadcasts.

Free tools that help with this obligation:

Questions

Who must comply with Copyright Act 1968 — record-keeping for orphan works?
Applies only if you rely on the orphan-works or educational copyright exceptions. Whether it applies turns on a fact that no industry, structure or size settles on its own.
Does Copyright Act 1968 — record-keeping for orphan works apply to sole traders?
Only if a further fact applies. Looking in the 2 industries it can reach and every size band, the engine's answer for a sole trader is: only if a further fact applies.
Does Copyright Act 1968 — record-keeping for orphan works apply to businesses with 1–5 employees?
Only if a further fact applies (1–5 employees, turnover $100K–$1M).
When is "Copyright Act 1968 — record-keeping for orphan works" due?
Continuous record-keeping; defence-time documentation.

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.