UPDATE - May 15, 2008
The House Intellectual Property Subcommittee and
the full Senate Judiciary Committee have
voted in favor of H.R. 5889 and S. 2913
Orphan works legislation is an issue of
growing interest in Congress and among copyright owners and
copyright users. Legislation was originally introduced in
2006, but did not advance to enactment. That legislation
was entitled the Orphan Works Act of
2006, or H.R.
5439. The latest versions of the legislation, the Orphan
Works Act of 2008 (H.R. 5889 and S. 2913), are based upon the 2006 version
with some significant changes. Use the links to the left
to learn more about the new legislation.
The most recent Congressional hearing
on orphan works
legislation was held on March 13, 2008 in the
Intellectual Property Subcommittee of the U.S House of
Representatives Judiciary Committee. I had the honor of
serving as counsel to this Subcommittee from 2003 to
2007 and served as the lead counsel on orphan works
legislation during this time. Orphan works legislation
is now expected to move through Congress once again
after significant progress was made on the issue in 2005
and 2006. Both of the most recent votes on orphan works
legislation were unanimous voice votes (individual
Member votes were not recorded). Orphan works
legislation could be signed into law by the President as
early as the fall of 2008.
This website is focused on the orphan works policy issue
and its current legislative prospects. Orphan works
legislation has been strongly supported by some, and
strongly opposed by others. As is typical in politics, you
are better off deciding for yourself whether to support or
oppose orphan works legislation, rather than relying on the
arguments of others.
And if you can’t already tell from this website, I’m an
attorney, not a graphic artist. This website is a work in
progress and more information on the history of the orphan
works issue (and better graphics) will be posted soon.
Joe Keeley