RESOLVED, IPO, in principle, supports S. 2913, “The Orphan Works Act of 2008,” and urges the following changes to this legislation, or legislation relating to the same subject matter, before passage:
- Require that a determination of “reasonable compensation” take into account standard fees charged in the industry for similar works;
- Remove provision on injunctive relief;
- Remove provision on derivative works;
- Provide a shorter timeframe (4 years instead of 6) for the Register of Copyrights to develop a report to Congress on the effect of the legislation; and
- Require a reasonably diligent search before allowing another provision in the copyright act to override this legislation by allowing a statutory license.
