WASHINGTON D.C. - In tomorrow's executive business meeting, the U.S. Senate Committee on the Judiciary is scheduled to discuss S.2913, The Shawn Bentley Orphan Works Act Of 2008. The following statement may be attributed to Tom Sydnor, Senior Fellow and Director of the Center for the Study of Digital Property at The Progress & Freedom Foundation:

"In 2004, Senators Hatch and Leahy began a bipartisan effort to investigate and remediate the problem of “orphan works,” those that are difficult to use, preserve or exploit because the owners of their copyrights cannot be located. I thus urge the Members of the Senate Committee on the Judiciary to support Chairman Leahy his co-sponsor Senator Hatch in their efforts to enact S. 2913, the Shawn Bentley Orphan Works Act of 2008.”

“S. 2913 represents an important and thoughtful effort to remediate the orphan works problem within the confines of the Berne-Convention model of three-generation, formality-free copyright protection. Properly-crafted orphan-works legislation could facilitate productive uses of seemingly abandoned works, respect the legitimate interests of copyright owners, and encourage private enterprise to devise innovative market-based solutions to the challenges of tracking copyright ownership.”

“Senate passage of S. 2913 would be an important step that would advance the efforts to promote an orphan works solution being led by the Copyright Office, and, in the House, by Representatives Conyers, Berman, Smith and Coble, the sponsors of H.R. 5889.”

“On a personal note, I would also thank Chairman Leahy and Senator Hatch for naming S. 2913, “The Shawn Bentley Orphan Works Act of 2008." Shawn Bentley served for many years as Chief Counsel for Intellectual Property to the Senate Committee on the Judiciary. He was a mentor, a gentleman, a proud supporter of intellectual property rights, and a dedicated public servant who is sorely missed by his family and friends. I believe that Shawn would be honored to have his name associated with this bipartisan effort to devise orphan-works legislation that respects the interests of copyright owners and the norms of international law.”

Sydnor is available for comment. Please contact Amy Smorodin at 202-289-8928 or asmorodin@pff.org.

The Progress & Freedom Foundation is a market-oriented think tank that studies the digital revolution and its implications for public policy. It is a 501(c)(3) research & educational organization.