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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Introduced
 
House
Passes
 
Senate
Passes
 
President
Signs
 

 
04/24/08
 
 
 
 
 
 
 

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.
OpenCongress bill summaries are written by OpenCongress editors and are entirely independent of Congress and the federal government. For the summary provided by Congress itself, via the Congressional Research Service, see the "Official Summary" below.

Official Summary

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, b

Official Summary

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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