The Copyright Amendment Bill 2026 introduces for the first time an “orphan works” scheme, a significant step towards protecting the rights of creators and promoting a fair and balanced copyright system. This new scheme aims to address the issue of orphan works, which are creative works whose copyright owners cannot be identified or located.
The concept of orphan works has been a growing concern in the creative industry, with the rise of digital platforms and the ease of sharing and accessing content. Many works, such as photographs, books, and films, are considered orphaned because their creators are unknown or have passed away, leaving their works without any copyright protection. This has led to a situation where these works cannot be legally used or shared, hindering their potential for cultural and educational purposes.
The Copyright Amendment Bill 2026, which was recently passed by the government, seeks to address this issue by introducing a new scheme for orphan works. This scheme will allow for the use of orphan works under certain conditions, while also providing a framework for rights holders to come forward and claim their works.
One of the key features of the orphan works scheme is the establishment of a central registry, which will serve as a database for all orphan works. This registry will be maintained by the Copyright Office and will contain information on the works, their creators, and any attempts to locate the rights holders. This will make it easier for potential users to identify and locate the owners of orphan works, reducing the risk of copyright infringement.
Under the new scheme, users will be able to apply for a license to use an orphan work from the central registry. The license will be granted if the user has made a diligent effort to locate the rights holder and has not been able to do so. The license will also specify the scope and duration of the use, ensuring that the rights of the rights holder are protected.
The orphan works scheme also includes provisions for remuneration of rights holders. If a rights holder comes forward after a license has been granted, they will be entitled to a fair share of the profits made from the use of their work. This ensures that the rights holders are not unfairly deprived of their rights and are appropriately compensated for their creative contributions.
The introduction of the orphan works scheme is a positive step towards promoting a fair and balanced copyright system. It not only provides a solution to the issue of orphan works but also encourages creativity and innovation by making these works more accessible for use. This will benefit not only the users but also the rights holders, who will now have a platform to claim their works and receive recognition and compensation for their creations.
Moreover, the orphan works scheme aligns with the government’s efforts to promote a digital economy and encourage the use of technology for economic and social development. By enabling the use of orphan works, the scheme will contribute to the growth of the creative industry and foster a culture of collaboration and knowledge sharing.
It is worth noting that the orphan works scheme is not a blanket license for the use of all orphan works. It includes safeguards to protect the interests of both users and rights holders, ensuring that the use of orphan works is limited to specific purposes and does not harm the rights holders’ economic interests.
In conclusion, the Copyright Amendment Bill 2026’s introduction of the orphan works scheme is a significant step towards promoting a fair and balanced copyright system. It addresses the issue of orphan works and provides a framework for their use, while also protecting the rights of the creators. This scheme will not only benefit the creative industry but also contribute to the growth of the digital economy and promote a culture of collaboration and innovation. It is a positive and necessary development that will have a lasting impact on the creative landscape of our country.
