Warning: Logical inconsistencies, and multiple grammatical errors ahead!

June 19, 2008


Dear Mr. Shay:



Thank you for contacting me about orphan works legislation. I appreciate hearing from you and understand your concerns.



Under copyright law, individuals generally must obtain permission from copyright holders before using copyrighted works. If they do not, the users may be liable for statutory damages of up to $150,000 for each infringed work. Many copyrighted works, however, are "orphan works," meaning that the copyright holder cannot be found. Orphan works range from family photographs where the photographer cannot be located to old films where the studio of origin is unknown.



The Chairman of the Senate Judiciary Committee, Senator Patrick Leahy of Vermont, has introduced the Shawn Bentley Orphan Works Act of 2008 (S. 2913). The legislation would allow people and companies to use artistic works without risk of statutory infringement damages, if the user performs a diligent search and is unable to find the copyright holder. Under the measure, if the copyright holder later surfaces, the user must pay the copyright holder reasonable compensation and/or discontinue the use of the work.



Supporters of the legislation point out that it would enable orphan works to be used by families, museums, libraries, and educational institutions. They argue that without the measure, many artistic works are effectively prevented from use. In particular, supporters emphasize the historical importance of being able to restore and share photographs, letters, films, and other documents whose authors or creators may be untraceable.



At the same time, opponents of the legislation are concerned that the bill does not provide strong enough search requirements or an effective remedy to deter users who intentionally avoid performing a copyright search. They also worry that the legislation's reach will extend beyond orphan works and negatively impact working artists' ability to protect their creations.



The Shawn Bentley Orphan Works Act has been reported out of the Senate Judiciary Committee. You have raised some important concerns about these issues. I will keep your views in mind should this legislation come before the full Senate for a vote.



Thank you again for your message. Please feel free to keep in touch.



Sincerely,

Richard J. Durbin

United States Senator



RJD/td



P.S. If you are ever visiting Washington, please feel free to join me and other members of the Illinois Congressional delegation at our weekly constituent coffee. When the Senate is in session, we provide coffee and donuts every Thursday at 8:30 a.m. as we hear what is on the minds of Illinoisans and respond to your questions. We would welcome your participation. Please call my D.C. office for more details.

Danger has passed, carry on.

Please Note: Comments make you sexy, and worthy of affection.