Senate passes, names copyright bill in honor of late Hatch aide

Shawn Bentley, a former aide to Sen. Orrin Hatch, started years ago on a bill to allow the use of works whose copyright owners cannot be found. But he died three years ago before it passed. The Senate finally passed it Friday — and named it in honor of Bentley.

The Shawn Bentley Orphan Works Act of 2008 aims at unlocking attics full of copyrighted works whose copyright owners are unknown or unable to be found. Such works are often called "orphan works."

"Countless artistic creations — books, photos, paintings and music — around the country are effectively locked away in a proverbial attic and unavailable for the general public to enjoy because the owner of the copyright for the work is unknown," said Hatch, R-Utah, who co-sponsored the bill introduced this session by Sen. Patrick Leahy, D-Vt.

"Unfortunately, it often isn't easy to identify or find these owners of copyrighted work. To make matters worse, many are discouraged or reluctant to use these works out of fear of being sued should the owner eventually step forward," Hatch said.

The bill enables users to exhibit orphan works if, after a thorough and documented good-faith search, they are unable to locate the copyright owners. The bill also provides for reasonable compensation should the copyright owner emerge later.

"By limiting liability and providing reasonable compensation for copyright owners, this bill strikes an appropriate balance," Hatch said. "Many libraries, museums, historical societies and archives across the nation have significant amounts of orphan works, which are not available to the public" but soon may be.

The bill now goes to the House. Congress had hoped to adjourn this weekend but essentially went into overtime to address the economic meltdown. That has given it additional time to consider such bills.

Bentley worked on many intellectual property bills during his work as a counsel to Hatch from 1993 to 2003. He died in 2005 at age 41.

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