3.0.0 5439 2023-01-13T04:48:26Z 2023-01-13T04:48:26Z House H HR 2006-05-22 109 hsju00 Judiciary Committee House Standing hsju03 Courts, Intellectual Property, and the Internet Subcommittee Reported by 2006-05-24T14:42:13Z Markup by 2006-05-24T14:42:07Z Referred to 2006-05-23T15:47:20Z Referred to 2006-05-22T16:31:05Z 2006-05-24 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Forwarded by Subcommittee to Full Committee by Voice Vote . Committee 2006-05-24 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Subcommittee Consideration and Mark-up Session Held. Committee 2006-05-23 hsju03 Courts, Intellectual Property, and the Internet Subcommittee 1 House committee actions Referred to the Subcommittee on Courts, the Internet, and Intellectual Property. Committee 2006-05-22 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2006-05-22 Introduced in House IntroReferral Intro-H 9 Library of Congress 2006-05-22 Introduced in House IntroReferral 1000 9 Library of Congress S000583 Rep. Smith, Lamar [R-TX-21] LAMAR SMITH R TX 21 N Commerce Arts, Culture, Religion Authors and authorship Civil actions and liability Compensation (Law) Congressional reporting requirements Copyright Damages Evidence (Law) Government Operations and Politics Government publicity Governmental investigations Injunctions Intellectual property Law Legal fees Public records Commerce 00 2006-05-22 Introduced in House 2006-07-24T18:38:09Z Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action 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; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known.

Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search.

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.

Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner.

Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

]]> Orphan Works Act of 2006 Display Title Orphan Works Act of 2006 Official Title as Introduced To amend title 17, United States Code, to provide for limitation of remedies in cases in which the copyright owner cannot be located, and for other purposes. Introduced in House IH Short Titles as Introduced Orphan Works Act of 2006 Introduced in House 2006-05-22T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-109hr5439ih/xml/BILLS-109hr5439ih.xml 2006-05-24 Forwarded by Subcommittee to Full Committee by Voice Vote . text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain. Congressional Research Service, Library of Congress This file contains bill summaries and statuses for federal legislation. A bill summary describes the most significant provisions of a piece of legislation and details the effects the legislative text may have on current law and federal programs. Bill summaries are authored by the Congressional Research Service (CRS) of the Library of Congress. As stated in Public Law 91-510 (2 USC 166 (d)(6)), one of the duties of CRS is "to prepare summaries and digests of bills and resolutions of a public general nature introduced in the Senate or House of Representatives". For more information, refer to the User Guide that accompanies this file.