In a surprising development, the Congressman Lamar Smith has withdrawn the Copyright Modernization Act from consideration. In his comments, Smith noted that he believed he had enough support to pass the bill out of committee, but that there was no way to have the bill enacted prior to the end of this Congress.
In January 2006, orphan works legislation was supposedly on the “fast-track” to passage. However, Professional Photographers of America’s testimony opposing the legislation at hearings before the House Intellectual Property Subcommittee resulted in prolonged negotiations about the legislation. PPA and its partners from the visual arts industry were able to win significant concessions during these negotiations and to slow the progress of the legislation considerably.
While Smith’s withdrawal of the legislation gives all parties a chance to regroup and take a fresh look at the issue of orphan works, this is an issue that shows no sign of disappearing. Congressman Smith has pledged to reintroduce the legislation when the next Congress begins in January 2007. That statement carries particular weight since, unless Congress changes hands in the upcoming election, Smith will likely be the next chairman of the full House Judiciary Committee.
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