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Smith and Berman Introduce Orphan Works Bill

Washington, Apr 24 -

Judiciary Committee Ranking Member Lamar Smith (R-TX) and Intellectual Property Subcommittee Chairman Howard Berman (D-CA) today introduced legislation to help facilitate the use of “orphan works,” while protecting the rights of copyright owners. “Orphan works” are copyrighted materials whose owners cannot be identified or located. The Orphan Works Act of 2008 is also cosponsored by Intellectual Property Subcommittee Ranking Member Howard Coble (R-NC).



“Millions of copyrighted works are effectively ‘locked up’ and unable to be enjoyed by the public due to our current copyright system,” stated Ranking Member Smith. “As a result, investments in new works and expositions by libraries, museums and others are frequently not undertaken due to the possibility of lawsuits and large statutory damage awards. By placing reasonable limitations on liability, while ensuring that owners receive compensation for the use of their works, the Orphan Works Act of 2008 helps reduce uncertainty and encourages creativity.”



“Too many valuable works are unused because their creators are unknown, and potential users fear excessive liability,” said Chairman Berman. “We must act to lower the legal barriers that keep these works from the public.”



Ranking Member Smith introduced similar legislation last Congress. The Subcommittee is expected to consider the bill in the coming weeks.