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United States · Bill · HR

H.R. 5439 (109th)

Orphan Works Act of 2006

openUnited States· United States Congress· EN

Introduced

22 May 2006

Last action

24 May 2006 · Committee

Status

Forwarded by Subcommittee to Full Committee by Voice Vote .

Sponsors

LAMAR SMITH

Subjects

Discovery layer

Source updated

15 August 2025

Summary

Orphan Works Act of 2006 - Limits the remedies available in a copyright infringement action 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; and (2) the infringing use of the work provided attribution to the author and owner of the copyright, if known. Requires the Register of Copyrights to make information available from authoritative sources to assist users in conducting and documenting a reasonably diligent search. 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. Allows the court to impose injunctive relief to prevent or restrain the infringing use, but such relief shall account for harm caused to the infringer due to reliance on having performed a reasonably diligent search. Prohibits the court from imposing injunctive relief that restrains the continued preparation or use of a new work that recasts, transforms, adapts, or integrates the infringed work with the infringer's original expression in a new work of authorship if the infringer pays reasonable compensation and provides attribution to the copyright owner. Requires the Register of Copyrights to conduct an inquiry with respect to remedies for copyright infringement claims seeking limited amounts of monetary relief, including consideration of alternatives to disputes currently heard in the U.S. district courts.

This text is taken from the official record. PoliticalRepo does not editorialize.

Timeline

  1. 22 May 2006

    Introduced

    Referred to the House Committee on the Judiciary.

    Source: IntroReferral

  2. 22 May 2006

    Introduced

    Introduced in House

    Source: IntroReferral

  3. 22 May 2006

    Introduced

    Introduced in House

    Source: IntroReferral

  4. 23 May 2006

    Referred

    Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.

    Source: Committee

  5. 24 May 2006

    Committee

    Forwarded by Subcommittee to Full Committee by Voice Vote .

    Source: Committee

  6. 24 May 2006

    Committee

    Subcommittee Consideration and Mark-up Session Held.

    Source: Committee

Votes

No vote records are attached yet.

Versions

Documents

3 official files

Introduced in House (text)

View fileDownload file

Sponsors

Related records

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Sources

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