H.R. 5889: Orphan Works Act of 2008

110th Congress · introduced 2008-04-24 · Commerce · Latest: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote .

federal

Follow this bill, step by step

Where it came from: introduced 2008-04-24 · official record
Who proposed it: Rep. Berman, Howard L. [D-CA-28] · what a sponsor is
What happened next: no floor votes in our records yet. Why?
Where it stands now: Forwarded by Subcommittee to Full Committee (Amended) by Voice Vote . Not final yet: this can still change. We check for updates every day.
If it becomes law and spends money: follow the money to money laws, then agencies and contracts and grants.

What does this mean?

Official title

Orphan Works Act of 2008

Plain summary

Orphan Works Act of 2008 - Limits the remedies in a civil action brought for infringement of copyright in an orphan work if the infringer proves 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; (2) a Notice of Use was filed with the Register of Copyrights before the work was used; and (3) 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, scholarly, 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 .

Congressional Research Service summary (Introduced in House), quoted unchanged (nonpartisan). Read the source.

What a vote does

A “Yea” vote

If it passes both chambers and is signed, it becomes law.

A “Nay” vote

If it is not passed, current law stays as it is.

PSI Sci description of the legislative step (not an opinion).

What does this mean? (plain words)

Official text

Orphan Works Act of 2008

Source: Congressional Research Service summary (Introduced in House)

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Alternatives

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How did my representative vote? · This bill's floor votes

Officials and money

Sponsor: Rep. Berman, Howard L. [D-CA-28] · 3 cosponsors

Cost estimate: No cost estimate published yet.

Cosponsors on this site

No linked floor roll calls in our collected records yet. This does not mean the bill has never had a vote. Check the official bill history.

Sources

Congressional Research Service summary (Introduced in House)
Congress.gov
Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-110hr5889.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/110/hr>

Record fed-us-cong110-hr5889 · catalog fed-us-congress-bills-cong110 · updated 2026-11-15 by psicol fed-bills-cong110