Orphan Works Act of 2008

3.0.0 2913 2019-11-15T21:58:55Z 2022-02-08T17:27:15Z Senate S S 2008-04-24 110 hsju00 Judiciary Committee House Standing Referred to 2008-09-27T16:09:02Z ssju00 Judiciary Committee Senate Standing Reported by 2008-05-15T20:42:39Z Markup by 2008-05-15T19:19:57Z Referred to 2008-04-24T19:28:11Z Orphan Works Act of 2008 110 5889 HR 2008-05-07 Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote . Related bill CRS 2008-09-27 Referred to the House Committee on the Judiciary. IntroReferral H11100 2 House floor actions hsju00 Judiciary Committee 2008-09-27 Senate Message on Senate action sent to the House. Floor 2008-09-27 11:21:57 Received in the House. Floor H14000 2 House floor actions 2008-09-26 Senate Passed Senate with an amendment by Unanimous Consent. (text: CR S9870-9872) Floor 2008-09-26 Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S9870-9872) Floor 17000 9 Library of Congress 2008-09-26 Senate The committee substitute as amended agreed to by Unanimous Consent. Floor 2008-09-26 Senate Measure laid before Senate by unanimous consent. (consideration: CR S9867-9872; text of measure as reported in Senate: CR S9867-9869) Floor 2008-05-15 Senate Placed on Senate Legislative Calendar under General Orders. Calendar No. 738. Calendars 2008-05-15 ssju00 Judiciary Committee Senate Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 2008-05-15 Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report. Committee 14000 9 Library of Congress ssju00 Judiciary Committee 2008-05-15 ssju00 Judiciary Committee Senate Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably. Committee 2008-04-24 ssju00 Judiciary Committee Senate Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3406-3407) IntroReferral 2008-04-24 Sponsor introductory remarks on measure. (CR S3405-3406) IntroReferral B00100 9 Library of Congress 2008-04-24 Introduced in Senate IntroReferral 10000 9 Library of Congress L000174 Sen. Leahy, Patrick J. [D-VT] Patrick Leahy D VT N H000338 Sen. Hatch, Orrin G. [R-UT] ORRIN HATCH R UT GRANT 2008-04-24 True B000382 Sen. Bennett, Robert F. [R-UT] ROBERT BENNETT R UT F. 2008-09-08 False 2008-06-26T04:00:00Z S. 2913, Shawn Bentley Orphan Works Act of 2008 http://www.cbo.gov/publication/19997 <p>Cost estimate for the bill as reported by the Senate Committee on the Judiciary on May 15, 2008</p> 2008-06-26T04:00:00Z S. 2913, Shawn Bentley Orphan Works Act of 2008 https://www.cbo.gov/publication/19997 Cost estimate for the bill as reported by the Senate Committee on the Judiciary on May 15, 2008 Commerce Administrative procedure Alternative dispute resolution Congress Congressional investigations Congressional reporting requirements Copyright Data banks Governmental investigations Intellectual property Law Legislation Science, Technology, Communications Commerce

00 2008-04-24 Introduced in Senate 2008-07-24T14:04:40Z Shawn Bentley Orphan Works Act of 2008 - Limits, subject to exception, the remedies in a civil action brought for infringement of copyright in an orphan work if the infringer proves, among other things, 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 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, 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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01 2008-05-15 Reported to Senate with amendment(s) 2008-07-24T14:06:21Z 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.

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 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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35 2008-09-26 Passed Senate amended 2008-09-30T19:45:24Z 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 Comptroller General to report to such committees on the function of the deposit requirement in the copyright registration system.

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Shawn Bentley Orphan Works Act of 2008 Short Titles as Introduced Shawn Bentley Orphan Works Act of 2008 Short Titles as Reported to Senate Shawn Bentley Orphan Works Act of 2008 S Senate Short Titles as Passed Senate Shawn Bentley Orphan Works Act of 2008 S Senate Display Title Shawn Bentley Orphan Works Act of 2008 Official Title as Introduced A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works. 5669 110 SAMDT To modify provisions relating to diligent efforts, guide searches, recommend practices, imitations on injunctive relief, and for other purposes. 2019-11-15T21:58:55Z 2008-09-26 Amendment SA 5669 agreed to in Senate by Unanimous Consent. SA 5669 https://www.congress.gov/amendment/110th-congress/senate-amendment/5669 K000352 Sen. Kyl, Jon [R-AZ] Jon Kyl R AZ Llewellyn 2008-09-26T04:00:00Z 2008-09-26T04:00:00Z Senate 110 S Senate S 2913 Shawn Bentley Orphan Works Act of 2008 2022-02-08T17:27:15Z 6 2008-09-26 0 Senate Amendment SA 5669 agreed to in Senate by Unanimous Consent. Floor 2008-09-26 0 Senate Amendment SA 5669 proposed by Senator Whitehouse for Senator Kyl. (consideration: CR S9867-9872; text: CR S9870) To modify provisions relating to diligent efforts, guide searches, recommend practices, imitations on injunctive relief, and for other purposes. Floor 2008-09-26 Senate amendment proposed (on the floor): Amendment SA 5669 proposed by Senator Whitehouse for Senator Kyl.(consideration: CR S9867-9872; text: CR S9870) Floor 93000 9 Library of Congress 2008-09-26 Senate amendment agreed to: Amendment SA 5669 agreed to in Senate by Unanimous Consent. Floor 94000 9 Library of Congress 2008-09-26 Senate amendment submitted Floor 91000 9 Library of Congress Engrossed in Senate 2008-09-27T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2913es/xml/BILLS-110s2913es.xml Referred in House 2008-09-27T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2913rfh/xml/BILLS-110s2913rfh.xml Reported to Senate 2008-05-15T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2913rs/xml/BILLS-110s2913rs.xml Introduced in Senate 2008-04-24T04:00:00Z https://www.govinfo.gov/content/pkg/BILLS-110s2913is/xml/BILLS-110s2913is.xml 2008-09-27 Referred to the House Committee on the Judiciary. 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.