I think you're thinking about the clause (which may only be in one version of the bill) that says that nonprofit organisations would not be liable for damages if a work's owner claims copyright and the organisation immediately ceases use. I don't recall having read anything in either bill stating that orphaned works could not be used in a for-profit fashion.
Consider: I can direct one of Shakespeare's plays and sell tickets, because Shakespeare's plays are in the public domain. Suppose I find a play I want to direct, and I'm not sure whether its copyright has expired or not. Under this legislation as I understand it, I would be able to sell tickets, provided I'd documented my search for the copyright holder first.
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Re: Lawsuit of Countless Illegal Copies
Date: 2008-06-27 02:35 am (UTC)Consider: I can direct one of Shakespeare's plays and sell tickets, because Shakespeare's plays are in the public domain. Suppose I find a play I want to direct, and I'm not sure whether its copyright has expired or not. Under this legislation as I understand it, I would be able to sell tickets, provided I'd documented my search for the copyright holder first.