H.R. 5889 · 110th Congress
Orphan Works Act of 2008
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Never voted on. It didn't reach a floor vote before the 110th Congress ended, so it expired. A bill has to be introduced again to be considered in a new Congress.
D
BermanSponsor3 cosponsors · 1 D, 2 R
3 signed on when it was introduced; the rest joined later. Cosponsors who withdrew aren't shown.
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…
What it does: CRS summary · Introduced in House · Apr 24, 2008
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 .
Written by the nonpartisan Congressional Research Service. All summary versions on Congress.gov
About this bill and sources
Official title: Orphan Works Act of 2008
Latest action (May 7, 2008): Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .
Policy area: Commerce · Origin: House · Introduced: Apr 24, 2008
Official page on Congress.gov · Bill text (GovInfo) · Status record (XML)
No recorded floor vote found.