Orphan Works Bills Move through Congress
Both houses of Congress are acting on measures designed to limit the liability of good-faith users of orphan works—copyrighted works whose owners are difficult or impossible to find.
The Senate Judiciary Committee unanimously approved the Shawn Bentley Orphan Works Act of 2008 (S.2913) May 15, which allows the use of a copyrighted work if the user has undertaken “a diligent effort” to locate the owner of the copyright. A companion bill, the Orphan Works Act of 2008 (H.R.5889), was unanimously adopted by the House Judiciary Committee’s Subcommittee on the Courts, the Internet, and Intellectual Property May 7.
The American Library Association has urged its members to support the Senate version, feeling that the House measure is flawed because it includes a burdensome “dark archive” provision requiring that a notice be filed with the U.S. Copyright Office before using an orphan work, driving up compliance costs and likely requiring legal counsel to review the submissions.
A previous attempt at enacting orphan works legislation stalled two years ago in the face of opposition from groups representing photographers, illustrators, and textile designers, who claimed they failed to adequately compensate copyright owners. Although the current measures attempt to address their concerns, many of the same groups remain opposed.
Posted on May 16, 2008. Discuss.