PlainBillCongress, translated.Legislation. Context. Public interest.Referred to the House Committee on the Judiciary.
Congressional Research Service
Version 35 · Passed Senate amended · Sep 26, 2008
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.
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Directs the Comptroller General to report to such committees on the function of the deposit requirement in the copyright registration system.
People & committees
Sen. Leahy, Patrick J. [D-VT] · D–VT
Legislative record
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Referred to the House Committee on the Judiciary.
Message on Senate action sent to the House.
Received in the House.
Passed Senate with an amendment by Unanimous Consent. (text: CR S9870-9872)
Passed/agreed to in Senate: Passed Senate with an amendment by Unanimous Consent.(text: CR S9870-9872)
The committee substitute as amended agreed to by Unanimous Consent.
Measure laid before Senate by unanimous consent. (consideration: CR S9867-9872; text of measure as reported in Senate: CR S9867-9869)
Placed on Senate Legislative Calendar under General Orders. Calendar No. 738.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Reported by Senator Leahy with an amendment in the nature of a substitute. Without written report.
Committee on the Judiciary. Ordered to be reported with an amendment in the nature of a substitute favorably.
Read twice and referred to the Committee on the Judiciary. (text of measure as introduced: CR S3406-3407)
Sponsor introductory remarks on measure. (CR S3405-3406)
Introduced in Senate
Primary sources
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Source last updated: Aug 10, 2026. Consult Congress.gov for the current record.
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