Orphan Works Act of 2006

The Orphan Works Act of 2006 (H.R. 5439) aims to resolve legal uncertainties for individuals and organizations wishing to use "orphan works"—copyrighted materials, such as old photographs, films, or manuscripts, whose owners cannot be identified or located. Under this bill, if a user performs a "reasonably diligent search" to find the owner but fails, the legal penalties they would face for using the work are significantly limited.

For everyday citizens, this bill would make it easier and less financially risky to use historical or creative materials in new projects, such as documentaries, family genealogies, or educational presentations. While the bill allows copyright owners who eventually resurface to claim "reasonable compensation," it protects users from high statutory damages and prevents courts from halting the distribution of new creative works that have integrated the orphan material. Additionally, the bill waives compensation requirements for non-commercial uses by charitable, religious, or educational institutions, provided they stop using the work once the owner is identified.