Shawn Bentley Orphan Works Act of 2008

Bill: 110-s-2913
Sponsor: Sen. Leahy, Patrick J. [D-VT]
Introduced: 2008-04-24 in the Senate
Policy area: Commerce
Subjects: Administrative procedure
Alternative dispute resolution
Congress
Congressional investigations
Congressional reporting requirements
Copyright
Data banks
Governmental investigations
Intellectual property
Law
Legislation
Science, Technology, Communications

Summary:
action_date: 2008-04-24
text: 
 Shawn Bentley Orphan Works Act of 2008 - Limits, subject to exception, the remedies in a civil action brought for infringement of copyright in an orphan work if the infringer proves, among other things, 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; and (2) 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, 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 .

action_date: 2008-05-15
text: 
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. 
 
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 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. 

action_date: 2008-09-26
text: 
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. 


Legislative actions:
action_date: 2008-09-27
text: Referred to the House Committee on the Judiciary.
action_date: 2008-09-27
text: Message on Senate action sent to the House.
action_date: 2008-09-27
text: Received in the House.
action_date: 2008-09-26
text: Passed Senate with an amendment by Unanimous Consent. (text: CR S9870-9872)
action_date: 2008-09-26
text: Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S9870-9872)
action_date: 2008-09-26
text: The committee substitute as amended agreed to by Unanimous Consent.
action_date: 2008-09-26
text: Measure laid before Senate by unanimous consent. (consideration: CR S9867-9872; text of measure as reported in Senate: CR S9867-9869)
action_date: 2008-05-15
text: Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.
action_date: 2008-05-15
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-05-15
text: Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
action_date: 2008-05-15
text: Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
action_date: 2008-04-24
text: Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3406-3407)
action_date: 2008-04-24
text: Sponsor introductory remarks on measure. (CR S3405-3406)
action_date: 2008-04-24
text: Introduced in Senate