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

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Related Bills:

• S.2913

Related Issue Areas:

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

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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Source: About The Image, NY

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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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Source: Print

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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) and the Orphan Works Act of 2008 (HR 5889) allows anyone to use a copyrighted work without first ...

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Source: PR-USA.net (press release), Bulgaria

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Blog Coverage

January 09, 2009 The Mystic Otto Rapp: Orphan Works Legislation

Recently, I received more mail on the subject of Orphan Works Legislation. The body of the letter was actually the text from this website: http://www.conceptart.org/forums/showthread.php?t=145485. And here is the video mentioned in the ...

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December 30, 2008 bethinglish.com: Ask binglish

I know for this reason many artists embed watermarks to protect the image. Now with photoshop that doesn't even make it secure. For more detailed information about art copy write laws learn more here:. H.R. 5889 Orphan Works Act of 2008 ...

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December 27, 2008 Comment on HR5889 Orphan Works Act of 2008 (Introduced in House ...

hello it is test. WinRAR provides the full RAR and ZIP file support, can decompress CAB, GZIP, ACE and other archive formats.

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Source: Comments for A Photo Editor

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