The legislation allowed for a limitation on remedies, i.e. no statutory damages or attorneys fees, to be imposed against the user of a copyrighted work if the following was true:
- The user undertook a reasonably diligent, good faith search to locate the owner and could not find him or her
- The user identified the owner as much as possible when using the work (such as listing the initials of the photographer if they were on the back of the original print)
- With an exception for ongoing uses, stopping use of the work if the owner reappears and says “stop”
- Paying back royalties for the use on a “willing seller, willing buyer” standard if the use was commercial in nature
More recent versions of orphan works legislation, that sponsored by the leadership of the House and Senate Judiciary Committees, were introduced on April 24, 2008 as H.R. 5889 and S. 2913.