My Vote	All Votes
	Ayes:2
	Nays:6

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 ow more...ner 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 author and 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

Amendments

This bill has no amendments.

Amendments to H.R.5889

Number	Status	Purpose

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Bill Status

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

In the News

April 25, 2008 Legislation to Ease Problem of Orphan Works Introduced in Congress

The bills, the Shawn Bentley Orphan Works Act of 2008, S. 2913, in the Senate; and the Orphan Works Act of 2008, HR 5889, in the US House of Representatives ...

Source: Chronicle of Higher Education (subscription)
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Blog Coverage

May 11, 2008 Artist Urges Creators to Fight Proposed Copyright Legislation

... and photographers dont register every photo and work of art in government certified private databases they are about to give the legal right for anyone to infringe on their copyrightThe Orphan Works Act of 2008 HR 5889 and the Shawn ...

Source: Legislative PRNN
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May 10, 2008 Combating Orphan Works

HR 5889 contains the following clause concernings “derivitive works”:. ‘‘(f) COPYRIGHTFORDERIVATIVEWORKSANDCOMPILATIONS.—Notwithstanding section 103(a), an infringer who qualifies for the limitation on remedies afforded by this sec

Source: Tom's MAD Blog
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May 10, 2008 Attorney's letter to the House-Tammy Browning Smith

RE: Orphan Works Act of 2008 ñ HR 5889. Dear Distinguished Members of the Committee:. Thank you for the opportunity to comment on the proposed Bill. THIS IS A SERIOUS BILL WITH SERIOUS ECONOMIC IMPACT. Our law firm focuses ...

Source: Brenda Pinnick -news, ideas, events and more...
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