I haven’t gone through both new versions of the Orphan Works bills (House, Senate). However, this month the Journal of the Copyright Society of the USA published my article detailing problems with all previous versions of orphan works legislation. Here is a PDF of the article, Darrin Keith Henning, Copyright’s Deus Ex Machina: Economic Fostering [...]
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110th CONGRESS 2d Session S. 2913 To provide a limitation on judicial remedies in copyright infringement cases involving orphan works. IN THE SENATE OF THE UNITED STATES April 24, 2008 Mr. LEAHY (for himself and Mr. HATCH) introduced the following bill; which was read twice and referred to the Committee on the Judiciary
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Six months ago, the last version of an Orphan Works bill died in Congressional committee. Now, a new Orphan Works bill has surfaced in two different versions, one in the House and one in the Senate. Here is the House version: 110th CONGRESS 2d Session H. R. 5889 To provide a limitation on judicial remedies [...]
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Kahle v. Gonzales is an attempt to reverse the change of copyright protection in the United States from an opt-in system to an opt-out system brought by the Copyright Renewal Act (CRA) of 1992 and the Sonny Bono Copyright Term Extension Act (CTEA). Plaintiffs, who were using works that had fallen into public domain, claimed the change [...]
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Earlier in the week, the “Copyright Modernization Act of 2006″ was introduced in the House. Here is a geocities link to a PDF file of the entire bill that Prof. William Patry put up (and his article). I won’t take up a lot of time parsing the bill, but most of what looks to be [...]
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According to the PhotoAttorney blog, “The Stock Artists Alliance (“SAA”) is again requesting help to fight the Orphan Works bill. Now known as House Bill 5439, the Subcommittee has sent it to the House Judiciary Committee for action.”
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H.R. 5439 – Orphan Works Act of 2006 – introduced 5/22/2006 in the House. To amend title 17, United States Code, to provide for limitation of remedies in cases in which the copyright owner cannot be located, and for other purposes. Mr. SMITH of Texas introduced the following bill; which was referred to the Committee [...]
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IP Law Journal Articles
