U.S. Congress - H.R.5889 Orphan Works Act of 2008
H.R.5889 - Orphan Works Act of 2008
To provide a limitation on judicial remedies in copyright infringement cases involving orphan works. view all titles (3)
All Bill Titles
- Popular: Orphan Works Act of 2008 as introduced.
- Short: Orphan Works Act of 2008 as introduced.
- Official: To provide a limitation on judicial remedies in copyright infringement cases involving orphan works. as introduced.
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OpenCongress Summary
This bill would limit the amount of damages a copyright holder could collect from an infringer of an orphan work if the infringer performed a diligent search for the copyright holder before using their work. The goal of the legislation is to free up for reuse copyrighted works whose holders cannot be found. It would also set up a process for the Copyright Office to certify commercially-produced visual registries to help people locate the holder of a copyright and prevent the orphaning of works in the future.Official Summary
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 bOfficial Summary
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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Recent News Coverage
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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, ...
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.
Pending Federal Law Threatens All Copyright Owners says the ...
The Shawn Bentley Orphan Works Act of 2008 (S. 2913) and the Orphan Works Act of 2008 (HR 5889) allows anyone to use a copyrighted work without first ...
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