Orphan Works Act of 2008

To provide a limitation on judicial remedies in copyright infringement cases involving orphan works.

4/24/2008--Introduced.
Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work if the infringer proves that:
(1) the infringer performed and documented a reasonably diligent search in good faith to locate the copyright owner before using the work, but was unable to locate the owner;
(2) a Notice of Use was filed with the Register of Copyrights before the work was used; and
(3) the infringing use of the work provided attribution to the owner of the copyright, if known. Permits an award of reasonable compensation for the use of the infringed work, except if:
(1) the infringement is performed without any commercial advantage and for primarily a charitable, religious, scholarly, or educational purpose; and
(2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement. Directs the Register of Copyrights to:
(1) undertake a certification process for the establishment of an electronic database to facilitate the search for pictorial, graphic, and sculptural works that are subject to copyright protection; and
(2) study and report to Congress on remedies for copyright infringement claims by an individual copyright owner or a related group of copyright owners seeking small amounts of monetary relief. Directs the Comptroller General to study and report to Congress on the function of the deposit requirement in the copyright registration system .


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Sponsor

• Rep. Howard Berman [D, CA-28]
• and 3 Co-Sponsors
  • Rep. Howard Coble [R, NC-6]
  • Rep. John Conyers [D, MI-14]
  • Rep. Lamar Smith [R, TX-21]
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Committees

• House Judiciary
• 1 more
  • House Judiciary
  close

Amendments

This bill has no amendments.

Amendments to H.R.5889

Number	Status	Purpose

Bill Status

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Introduced		Voted on by House		Voted on by Senate		Considered By President		Bill Becomes Law
April 24, 2008

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All Bill Actions

• May 07, 2008: Subcommittee Consideration and Mark-up Session Held.
• May 07, 2008: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
• May 06, 2008: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
• Apr 28, 2008: Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
• Introduced on Apr 24, 2008.
• Apr 24, 2008: Referred to the House Committee on the Judiciary.

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Related Bills:

• S.2913

Related Issue Areas:

• Intellectual property
• Administrative procedure
• Alternative dispute resolution
• Congress
• 8 more
• Congressional investigations
• Congressional reporting requirements
• Copyright
• Data banks
• Governmental investigations
• Law
• Legislation
• Technology

Data from the Congressional Research Service

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In the News

September 29, 2008 Senate passes Orphan Works bill (S2913), House expected to follow

The following organizations oppose HR 5889, The Orphan Works Act of 2008 and S. 2913, The Shawn Bentley Orphan Works Act of 2008 because each bill permits, ...

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September 24, 2008 Does the Orphan Works Bill Mean Copyright Chaos?

On the fast track for a vote in both houses of Congress, H.R. 5889 (The Orphan Works Act of 2008) and S. 2913 (The Shawn Bentley Orphan Works Act of 2008) would open the door to “wide-scale infringements” of creators’ copyrights, according to a statement on the IPA’s website.

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July 22, 2008 Pending Federal Law Threatens All Copyright Owners says the ...

The Shawn Bentley Orphan Works Act of 2008 (S. 2913) "Orphan Works Act of 2008" (HR 5889) allows anyone to use a copyrighted work without first obtaining ...

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Source: PR Web (press release), WA

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March 21, 2009 Creative Outlet: Ceramic Class with Marina Bosetti « CreativeGoddess

Published March 21, 2009 Uncategorized. As a creative outlet, I am taking a ceramic tile class from the ever talented Marina Bosetti. She insisted the night we met up w/her at the Valentine’s Oyster Roast Party last month and now I am ...

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February 15, 2009 Happy Birthday, Emmy!! « CreativeGoddess

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