The Office of Advocacy of the Small Business Administration held a workshop on orphan works in New York City on August 8, 2008. A number of opponents of the legislation spoke at the two hour event.

Congress is in recess during the month of August 2008 so there wil be no votes on either the House or Senate versions of orphan works legislation.

In July 2008, the full House Judiciary Committee deferred its planned markup on H.R. 5889 due to opposition from the user community to additional changes to the legislation

In June and July 2008, there were two attempts by the full Senate to pass S. 2913 by unanimous consent, but the legislation was blocked by Republican Members of the Senate upset over the slow pace of judicial nominations. Senator Leahy is responsible for deciding when federal judges have their confirmation votes by the Senate and some Senators were upset with the scheduling of votes on these judges. As a result, they objected to the passage of S. 2913 which is sponsored by Senator Leahy.

On May 15, 2008, the Senate Judiciary Committee agreed by a "voice vote" to S. 2913 after making several changes to the bill in a "manager's amendment."

On May 7, 2008, the House Judiciary Committee's Subcommittee on Courts, the Internet, Intellectual Property agreed by a "voice vote" to H.R. 5889 after making several changes to the bill in a "manager's amendment." More changes are likely to be made at the full Committee markup that will occur sometime later this summer.

On April 24, 2008, two different versions of the Orphan Works Act were introduced - H.R. 5889 and S. 2913.

On March 13, 2008, the Subcommittee on Courts, Internet, and Intellectual Property of the U.S. House Judiciary Committee held an oversight hearing on orphan works. This restarts the legislative process on orphan works legislation. The prior legislation, H.R. 5439, or anything related to it, must be reintroduced under a new bill number for it to advance in 2008.

Any legislative action on orphan works legislation must be completed by the end of 2008 or new legislation will need to be reintroduced in the new Congress in 2009 under a new President.

Chairman Howard Berman of the House Judiciary Intellectual Property Subcommittee has expressed an interest in seeing orphan works legislation enacted in 2008. Congressman Berman will no longer be the Chairman of the Intellectual Property Subcommittee in 2009 - he will be the Chairman of the House International Relations Committee and must relinquish his Chairmanship of the Intellectual Property Subcommittee. He is likely to remain a member of the Intellectual Property Subcommittee in 2009, however.