S. 2913 (110th): Shawn Bentley Orphan Works Act of 2008

Apr 24, 2008 (110th Congress, 2007–2009)
Died (Passed Senate)
Patrick Leahy
Senator from Vermont
Read Text »
Last Updated
Sep 27, 2008
20 pages
Related Bills
H.R. 5889 (Related)
Orphan Works Act of 2008

Referred to Committee
Last Action: Apr 24, 2008


This bill was introduced in a previous session of Congress and was passed by the Senate on September 26, 2008 but was never passed by the House.

Introduced Apr 24, 2008
Referred to Committee Apr 24, 2008
Reported by Committee May 15, 2008
Passed Senate Sep 26, 2008
Full Title

A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works.


No summaries available.

2 cosponsors (2R) (show)

House Judiciary

Senate Judiciary

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Primary Source

THOMAS.gov (The Library of Congress)

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S. stands for Senate bill.

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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.

9/26/2008--Passed Senate amended.
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 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.

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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