Senate Committee OKs Orphan Works Bill

WASHINGTON, D.C.—A Senate Judiciary committee has approved S 2913, the Shawn Bentley Orphan Works Act of 2008, after a mark-up originally scheduled for May 8 took place yesterday, the Washington Internet Daily reports. The committee passed the bill with an amendment put forth by Sen. Patrick Leahy, D-Vt., who first introduced the bill into the Senate last month.

The bill would limit the liability of users of orphan works, which are copyrighted materials whose owners cannot be identified. Those who conduct a good faith search to find the owner of a work before use would not be required to pay statutory damages or legal fees if the owner later surfaces. The Software and Information Industry Association and the Association of American Publishers are among the groups that endorse the bill, while many illustrators and photographers oppose it.

A companion bill, HR 5889, was passed at a mark-up in the House last week.