Limits on monetary damages for infringing use of orphan works

[no bill text published] Limits on monetary damages for infringing use of orphan works

2026-03-31:

1st House

2nd House

Law

If this bill passes, it means that:

Courts cannot award damages or profits to copyright owners if a defendant proves they did a diligent search for the owner of an orphan work.

The defendant must keep a record of the search; they must also post a clear notice that the owner could not be located.

Courts can still order a defendant to make a reasonable payment to the owner of an orphan work.

Defendants and copyright owners can agree to terms for the continued use of the material to avoid infringement.

Courts can set the terms for continued use or grant an injunction if the parties cannot agree.

Teachers and students can use copyright material for instruction delivered in person or via remote technology.

The Commonwealth must pay compensation if it acquires property on terms that are not just.