United States · Bill · HR
H.R. 5439 (109th)
Orphan Works Act of 2006
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
22 May 2006
Introduced
Referred to the House Committee on the Judiciary.
Source: IntroReferral
22 May 2006
Introduced
Introduced in House
Source: IntroReferral
22 May 2006
Introduced
Introduced in House
Source: IntroReferral
23 May 2006
Referred
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
Source: Committee
24 May 2006
Committee
Forwarded by Subcommittee to Full Committee by Voice Vote .
Source: Committee
24 May 2006
Committee
Subcommittee Consideration and Mark-up Session Held.
Source: Committee
Votes
No vote records are attached yet.
Versions
- Introduced in House · 22 May 2006 · Official file
Documents
3 official files
Introduced in House (text)
Introduced in House (text)
Introduced in House · EN · 22 May 2006
Introduced in House (PDF)
Introduced in House · EN · 22 May 2006
Introduced in House
summary · EN · 22 May 2006
Sponsors
- LAMAR SMITH · R · Sponsor
- · hsju00 · Standing
Related records
No cross-record relationships stored yet.
Sources
PoliticalRepo is an index and interpretation layer, not the authoritative legal source.
- Official source: https://www.congress.gov/bill/109th-congress/house-bill/5439
- Open data entity: https://api.congress.gov/v3/bill/109/hr/5439
- us · 109-hr-5439 · source updated 15 August 2025