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ARTICLE · 26 JANUARY 2026

New Bill To Unlock Orphan Works And Untraceable Designs

Corrs Chambers Westgarth
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This would offer a way forward for organisations that conduct diligent searches for untraceable copyright owners.

AustraliaIntellectual Property
Eugenia Kolivos
Eugenia Kolivos
Nathaniel Popelianski
Nathaniel Popelianski
Anika Di Pietro
Anika Di Pietro
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The federal government recently introduced the Copyright Amendment Bill 2025 (the Bill) to Parliament, with a view to establish Australia's first statutory 'orphan works scheme'. This would offer a way forward for organisations that conduct diligent searches for untraceable copyright owners.

Currently, anyone using unauthorised reproductions or adaptations of existing works may face significant financial consequences, even where genuine attempts have been made to identify the original creator. This affects all industries. For example, in the property development sector, alterations to a building, whether it be refreshing a façade or changing an interior, create copyright infringement risks, even in 'orphan works' where the owner of the existing design or plan cannot be initially located.

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