Copyright Law Updates | New Proposed Legislation
May 27, 2008
Bill Moves Forward to Limit Remedies in Copyright Cases Involving Orphan Works
Shawn Bentley Orphan Works Act of 2008
S.2913, H.R.5889, 4/24/2008
The Senate placed a bill on the legislative calendar that would provide a limit on judicial remedies available in copyright cases involving orphan works. The bill, which has a counterpart in the House of Representatives, is known as the Shawn Bentley Orphan Works Act of 2008 and is sponsored by Sen. Patrick J. Leahy (VT) and Rep. Howard L. Berman (CA) in the Upper and Lower Houses, respectively. The proposed legislation was introduced on April 24, 2008.
Generally, the bill limits the remedies available in a civil action brought for copyright infringement of an orphan work if the infringer proves that:…
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