Orphan Works Act

Member Note

In late April of 2008, two different versions of an Orphan Works bill were introduced into the House and Senate as potential replacements for similar legislation that died in Congress in 2006.

An "Orphan Work" is defined as "a photograph or illustration that is protected by copyright but whose copyright owner cannot be identified or located."

Proponents for the bill argue that there are thousands of images that are not being made available to the public because potential exhibitors are afraid of being sued for statutory damages and forced to pay fines of up to $150,000.

The Orphan works bill strives to allow designers to use orphan works after they have conducted a "thorough, documented search" and tried "in good faith" to find the copyright owner. If the image is used and the copyright owner later comes forward, the user may still be required to provide "reasonable compensation," but will not be subject to the normal penalties for copyright infringement.

Fast Facts

1. The National Press Photographers Association objects to the proposal
2. The American Society of Media Photographers supports the House bill
3. The Illustrators' Partnership of America opposes both bills
4. The new bills require the U.S. Copyright office to create a searchable electronic database of visual works
5. Orphan works must be identified by a designated symbol

Quotes

1. "It will help potential users of orphan works find the owners of those works, and it will help the owners to receive compensation. The works will no longer be orphans; their owners will reap the financial benefits of their use, while the public reaps the creative benefits"—Vermont Senator Patrick Leahy (Democrat)
2. "The proposed US Orphan Works Act would dramatically shift the balance away from copyright holders, in favor of those who would like to use creative work without permission."—Editorial Photographers UK and Ireland