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

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

Passed Senate
Last Action: Sep 26, 2008

 
Status

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

Progress
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.

Summary

No summaries available.

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

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)

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Citation

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Notes

H.R. stands for House of Representatives bill.

A bill must be passed by both the House and Senate in identical form and then be signed by the president to become law.

The bill’s title was written by its sponsor.

GovTrack’s Bill Summary

We don’t have a summary available yet.

Library of Congress Summary

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


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 .

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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