Dear Mr. Christianson:
Thank you for taking the time to contact me regarding S. 2913, which is commonly referred to as "orphan works legislation." I share your concerns about the impact this law could have on the rights of an artist to his or her work and I appreciate hearing from you on this topic. Please know that I will closely monitor this issue.
As you may know, S. 2913 was introduced on April 24, 2008 by Senators Patrick Leahy (D-VT) and Orrin Hatch (R-OH) and aims to provide a limitation on judicial remedies in copyright infringement cases involving orphan works.
An orphan work is a copyrighted work of art where it is difficult or impossible to contact the holder of the copyright. On January 31st, 2006 the United States Copyright Office submitted its Report on Orphan Works to the Senate Judiciary Committee. This report concluded that the treatment of orphan works under current copyright law results in problematic obstacles to successful identification and location of a copyright owner.
Under current law, a copyright is created automatically when the creative _expression_ is fixed in tangible form. I understand you are concerned that a move away from this precedent could make it difficult for artists to obtain and maintain the rights to their own work. Please know that I will not support legislative efforts that weaken an artist's ability to obtain and retain the rights to their work. Per your request, please know I will keep your views in mind should legislation in relation to orphan works reach the Senate floor for a vote in the 110thCongress.
Once again thank you for contacting me regarding this issue. Please do not hesitate to contact me on any issue of concern to you or your family.
