H.R. 5889 (110th): Orphan Works Act of 2008

Apr 24, 2008 (110th Congress, 2007–2009)
Died (Referred to Committee)
Howard Berman
Representative for California's 28th congressional district
Read Text »
Last Updated
Apr 24, 2008
20 pages
Related Bills
S. 2913 (Related)
Shawn Bentley Orphan Works Act of 2008

Passed Senate
Last Action: Sep 26, 2008


This bill was introduced on April 24, 2008, in a previous session of Congress, but was not enacted.

Introduced Apr 24, 2008
Referred to Committee Apr 24, 2008
Full Title

To provide a limitation on judicial remedies in copyright infringement cases involving orphan works.


No summaries available.

3 cosponsors (2R, 1D) (show)

House Judiciary

Courts, Intellectual Property, and the Internet

The committee chair determines whether a bill will move past the committee stage.

Primary Source

THOMAS.gov (The Library of Congress)

GovTrack gets most information from THOMAS, which is updated generally one day after events occur. Activity since the last update may not be reflected here. Data comes via the congress project.


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H.R. stands for House of Representatives bill.

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The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

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Library of Congress Summary

The summary below was written by the Congressional Research Service, which is a nonpartisan division of the Library of Congress.

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 .

House Republican Conference Summary

The summary below was written by the House Republican Conference, which is the caucus of Republicans in the House of Representatives.

No summary available.

House Democratic Caucus Summary

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