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; 1 is an original cosponsor, there from 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 |
Committees 2
Where it was sent and what each committee and subcommittee did with it, in order.
| Chamber | Committee | What it did |
|---|---|---|
| Senate | Judiciary Committee | Referred Apr 24, 2008Markup May 15, 2008Reported May 15, 2008 |
| House | Judiciary Committee | Referred Sep 27, 2008 |
Actions 12
Everything that happened, newest first.
- Sep 27, 2008Received in the House.
- Sep 27, 2008Message on Senate action sent to 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, 2008The committee substitute as amended agreed to by Unanimous Consent.
- Sep 26, 2008Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent. (text: CR S9870-9872)
- May 15, 2008Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
- May 15, 2008Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
- May 15, 2008Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.
- Apr 24, 2008Introduced in Senate
- Apr 24, 2008Sponsor introductory remarks on measure. (CR S3405-3406)
- Apr 24, 2008Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3406-3407)
In the Congressional Record 3
Days the Record’s own index lists this bill, newest first, with the pages and the members it names. Pages starting H are the House, S the Senate, E Extensions of Remarks.
| Where | In the Record | Members | Date |
|---|---|---|---|
| Senate | Debate and remarks S9867–S9872Text printed S9867, S9870–S9872Amendments S9845, S9870 | Jon Kyl R-AZ (amendment), Orrin G. Hatch R-UT, Patrick J. Leahy D-VT, Sheldon Whitehouse D-RI | Sep 26, 2008 |
| Senate | Debate and remarks S3437 | Orrin G. Hatch R-UT | Apr 28, 2008 |
| Senate | Debate and remarks S3405Text printed S3406 | Patrick J. Leahy D-VT (text) | Apr 24, 2008 |
Research
What has been written about this bill: committee reports, cost estimates, the sponsor’s authority statement, printed hearings and the Congressional Research Service’s work.
Congressional Budget Office cost estimates 2
- Jun 26, 2008S. 2913, Shawn Bentley Orphan Works Act of 2008<p>Cost estimate for the bill as reported by the Senate Committee on the Judiciary on May 15, 2008</p>
- Jun 26, 2008S. 2913, Shawn Bentley Orphan Works Act of 2008Cost estimate for the bill as reported by the Senate Committee on the Judiciary on May 15, 2008
Amendments 1
Amendments offered to this bill.
| Amendment | Description | Offered by | Status |
|---|---|---|---|
| SA 5669 | To modify provisions relating to diligent efforts, guide searches, recommend practices, imitations on injunctive relief, and for other purposes. | Jon Kyl R-AZ | Amendment SA 5669 agreed to in Senate by Unanimous Consent. |
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 |
Titles 4
Every title it has carried, official and short, at each stage.
- Official Title as Introduced
- A bill to provide a limitation on judicial remedies in copyright infringement cases involving orphan works.
- Short Titles as Introduced
- Shawn Bentley Orphan Works Act of 2008
- Short Titles as Reported to Senate
- Shawn Bentley Orphan Works Act of 2008
- Short Titles as Passed Senate
- Shawn Bentley Orphan Works Act of 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; cost estimates are the Congressional Budget Office's, and the hearings are the printed hearings GovInfo publishes, which can appear months after the hearing.
