S. 2913: Shawn Bentley Orphan Works Act of 2008

110th Congress · introduced 2008-04-24 · Commerce · Latest: Referred to the House Committee on the Judiciary.

federal

Follow this bill, step by step

Where it came from: introduced 2008-04-24 · official record
Who proposed it: Sen. Leahy, Patrick J. [D-VT] · what a sponsor is
What happened next: no floor votes in our records yet. Why?
Where it stands now: Referred to the House Committee on the Judiciary. 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

Shawn Bentley Orphan Works Act of 2008

Plain 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.

Congressional Research Service summary (Passed Senate amended), quoted unchanged (nonpartisan). Read the source.

What a vote does

A “Yea” vote

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A “Nay” vote

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What does this mean? (plain words)

Official text

Shawn Bentley Orphan Works Act of 2008

Source: Congressional Research Service summary (Passed Senate amended)

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The strongest published arguments

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Alternatives

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

Officials and money

Sponsor: Sen. Leahy, Patrick J. [D-VT] · 2 cosponsors

Cost estimate: CBO cost estimate: S. 2913, Shawn Bentley Orphan Works Act of 2008 (2008-06-26); CBO cost estimate: S. 2913, Shawn Bentley Orphan Works Act of 2008 (2008-06-26)

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.

Words on this page, explained (1)

Appropriation: Money a legislature sets aside by law for a specific purpose. Government agencies may spend public money only as it has been appropriated.

Plain meanings written from linked sources. All words.

Sources

Congressional Research Service summary (Passed Senate amended)
Congress.gov
Data: GovInfo BILLSTATUS bulk data (Library of Congress), BILLSTATUS-110s2913.xml <https://www.govinfo.gov/bulkdata/BILLSTATUS/110/s>

Record fed-us-cong110-s2913 · catalog fed-us-congress-bills-cong110 · updated 2026-11-15 by psicol fed-bills-cong110