Shawn Bentley Orphan Works Act of 2008
Latest action · Sep 27, 2008 Referred to the House Committee on the Judiciary.
Progress
Where this bill reached, and when. A stage with no date was not reached; one that failed a vote and later carried shows the date it carried.
- IntroducedApr 24, 2008
- Passed SenateSep 26, 2008
- Passed HouseNot reached
- To the PresidentNot reached
- Became lawNot reached
Summary
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.
Cosponsors 2
Members who signed on, in the order they did. Signatures ran from Apr 24, 2008 to Sep 8, 2008, with 1 there on the day it was introduced.
| Seat | Cosponsor | Signed on | |
|---|---|---|---|
| R-UT | Orrin G. Hatch | Original | Apr 24, 2008 |
| R-UT | Robert F. Bennett | Sep 8, 2008 |
Actions 13
Everything that happened, newest first.
- Sep 27, 2008Message on Senate action sent to the House.
- Sep 27, 2008Received in the House.
- Sep 27, 2008Referred to the House Committee on the Judiciary.
- Sep 26, 2008Measure laid before Senate by unanimous consent. (consideration: CR S9867-9872; text of measure as reported in Senate: CR S9867-9869)
- Sep 26, 2008Passed Senate with an amendment by Unanimous Consent. (text: CR S9870-9872)
Related bills 1
Companion bills and other measures the record links to this one.
| Bill | Title | Relationship | Latest action |
|---|---|---|---|
| HR 5889 | Orphan Works Act of 2008 | Related bill | May 7, 2008 |
Subjects
Assigned by the Library of Congress. Policy area: Commerce.
Text 4
Each version as it was printed, newest first.
- Sep 27, 2008Referred in House
- Sep 27, 2008Engrossed in Senate
- May 15, 2008Reported to Senate
- Apr 24, 2008Introduced in Senate
Everything here is as published by Congress: the summary is the Congressional Research Service's, the action wording is the clerks', and the subjects are the Library of Congress's. How far it got is read from the actions themselves, taking the most recent one of each kind, so a bill that failed a vote and later passed is shown as having passed. Records come from this bill on Congress.gov and govinfo.gov.