U.S. Congress - S.2913 Shawn Bentley Orphan Works Act of 2008
S.2913 - Shawn Bentley Orphan Works Act of 2008
A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works. view all titles (5)
All Bill Titles
- Official: A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works. as introduced.
- Popular: Shawn Bentley Orphan Works Act of 2008 as introduced.
- Short: Shawn Bentley Orphan Works Act of 2008 as reported to senate.
- Short: Shawn Bentley Orphan Works Act of 2008 as introduced.
- Short: Shawn Bentley Orphan Works Act of 2008 as passed senate.
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Official Summary
9/26/2008--Passed Senate amended. Shawn Bentley Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work, notwithstanding specified provisions and subject to exceptions, if the infringer meets certain requirements, including pOfficial Summary
9/26/2008--Passed Senate amended. Shawn Bentley Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work, notwithstanding specified provisions and subject to exceptions, if the infringer meets certain requirements, including proving that:(1) the infringer performed and documented a reasonably diligent search in good faith to locate and identify the copyright owner before using the work, but was unable to locate and identify the owner; and
(2) the infringing use of the work provided attribution to the owner of the copyright, if known. Requires a search to include methods that are reasonable and appropriate given the circumstances, including in some circumstances:
(1) Copyright Office records that are not available through the Internet; and
(2) resources for which a charge or subscription is imposed. Limits monetary compensation to reasonable compensation for the use of the infringed work. Prohibits such compensation if the infringer is a nonprofit educational institution, museum, library, or archive, or a public broadcasting entity and if the infringer proves that:
(1) the infringement is performed without any purpose of commercial advantage and is primarily educational, religious, or charitable in nature;and
(2) the infringer ceases the infringement expeditiously after receiving notice of the claim for infringement. Allows injunctive relief to prevent or restrain infringement, subject to exception and limitation. Directs the Register of Copyrights to:
(1) undertake a process to certify that databases are available that facilitate searching for pictorial, graphic, and sculptural works protected by copyright;
(2) report to the House and Senate judiciary committees on the implementation and effects of certain amendments made by this Act, including any recommendations for legislative changes; and
(3) report to those committees 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 report to such committees on the function of the deposit requirement in the copyright registration system.
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Recent News Coverage
Orphan works bill could open library collections to the Web
S. 2913, the Shawn Bentley Orphan Works Act of 2008, would ensure that owners of such works receive fair compensation for their use, but would limit the ...
Libel Tourist, Orphan Works Bills Approved
The AAP also praised the Senate for passing the "Shawn Bentley Orphan Works Act of 2008" (S.2913) which would address the problem of âorphan worksâ â works ...
Music Chief Answers DailyTech's Tough Questions
Mr. Bengloff: The proposed Orphan Works legislation (S.2913 in the Senate and HR5889 in the House of Representatives) is aimed at changing a portion of US ...
Recent Blog Coverage
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S.2913: Comprehensive National Mercury Monitoring Act - U.S. ...
S.2913 - Comprehensive National Mercury Monitoring Act. A bill to establish a national mercury monitoring program, and for other purposes. view all titles (2) .... OpenCongress is a free and open-source project of the Participatory Politics Foundation, a 5
Bob Dob » Orphaned Works Bill
âThe Orphaned Works Bill (S.2913) is deceptive Trojan horse legislation that is designed to hi-jack the ownership of visual works by their creatorâ Brad Holland. My friend Tony Bailey wrote the paragraph below. ...
Withers Worldwide - Visual art in America
There are, currently, two bills pending, respectively, before the Senate and the House of Representatives: The Shawn Bentley Orphan Works Act of 2008 (S. 2913) and The Orphan Works Act of 2008 (H.R. 5889). Both bills currently provide ...
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