Orphan Works Update from Delaware

I just received a response from Tom Carper, a Democratic Senator from Delaware (The other being Joe Biden) and I found myself confused as to what exactly he's saying. His description of the Bill sounds wrong to me and I can't, for the life of me, understand if he supports it or not.

You be the judge:

July 8, 2008


Dear Mr. Harris:

Thank you for contacting me to express your opposition to the Shawn Bentley Orphan Works Act of 2008. I appreciate hearing your views on this matter.

As you know, S. 2913, the Shawn Bentley Orphan Works Act of 2008, was introduced by Senator Patrick Leahy (D-VT) on April 24, 2008. This bill would allow orphan works - art work whose copyright owner cannot be traced - to be exhibited if no copyright owner was found after an extensive search. This bill also contains provisions to protect copyright owners of orphaned works and allows for monetary compensation to be given should they later emerge. This bill was referred to the Senate Committee on the Judiciary. Companion legislation was also introduced in the House of Representatives and has been referred to the House Committee on the Judiciary.

As you know, hundreds of creative works that may be protected by copyright are not being viewed because their owners are unknown. While interest in displaying such works exists, fear of copyright infringement fines have prevented these works from being displayed. The sponsors of the legislation contend S. 2913 would help potential users find the owners of the orphan works and facilitate a way for the owners to receive compensation for their works. Moreover, the public would be able to view many creative and artistic works that are valuable to our national heritage.

On the other hand, I have heard from some constituents, like you, who are concerned that the legislation would make it easier for others to replicate their work and produce it cheaply in factories for personal gain. Moreover, while those in opposition to the bill agree that they would have copyright protection, they contend that most artists would not be able to afford the court costs associated with proving the ownership of the piece.

I certainly understand your concerns with this legislation. Artistic fields are very competitive and I appreciate the time commitment involved in learning a new craft. Should I have an opportunity to consider the Orphan Works Act of 2008 before the full Senate, I will be sure to keep your views in mind.

Thank you for contacting me, I appreciate hearing your views on this matter. Please do not hesitate to contact me in the future about other matters of importance to you.

With best personal regards, I am


Sincerely,

Tom Carper
United States Senator

All I can say is "Duh…" while I drool on my new Society of Illustrators t-shirt.