[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 24 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 24
To encourage the preservation and restoration of copyrighted works for
research, scholarly, and educational purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 4, 2005
Mr. Conyers (for himself, Mr. Berman, and Ms. Zoe Lofgren of
California) introduced the following bill; which was referred to the
Committee on the Judiciary, and in addition to the Committee on House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To encourage the preservation and restoration of copyrighted works for
research, scholarly, and educational purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Preservation and Restoration of
Orphan Works for Use in Scholarship and Education (PRO-USE) Act of
2005''.
TITLE I--PRESERVATION OF ORPHAN WORKS
SEC. 101. SHORT TITLE.
This title may be cited as the ``Preservation of Orphan Works
Act''.
SEC. 102. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND ARCHIVES.
Section 108(i) of title 17, United States Code, is amended by
striking ``(b) and (c)'' and inserting ``(b), (c), and (h)''.
TITLE II--NATIONAL FILM PRESERVATION
SEC. 201. SHORT TITLE.
This title may be cited as the ``National Film Preservation Act of
2005''.
Subtitle A--Reauthorization of National Film Preservation Act
SEC. 211. REAUTHORIZATION AND AMENDMENT.
(a) Duties of the Librarian of Congress.--Section 103 of the
National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended:
(1) in subsection (b)--
(A) by striking ``film copy'' each place that term
appears and inserting ``film or other approved copy'';
(B) by striking ``film copies'' each place that
term appears and inserting ``film or other approved
copies''; and
(C) in the third sentence, by striking
``copyrighted'' and inserting ``copyrighted, mass
distributed, broadcast, or published''; and
(2) by adding at the end the following:
``(c) Coordination of Program With Other Collection, Preservation,
and Accessibility Activities.--In carrying out the comprehensive
national film preservation program for motion pictures established
under the National Film Preservation Act of 1996, the Librarian, in
consultation with the Board established pursuant to section 104,
shall--
``(1) carry out activities to make films included in the
National Film registry more broadly accessible for research and
educational purposes, and to generate public awareness and
support of the Registry and the comprehensive national film
preservation program;
``(2) review the comprehensive national film preservation
plan, and amend it to the extent necessary to ensure that it
addresses technological advances in the preservation and
storage of, and access to film collections in multiple formats;
and
``(3) wherever possible, undertake expanded initiatives to
ensure the preservation of the moving image heritage of the
United States, including film, videotape, television, and born
digital moving image formats, by supporting the work of the
National Audio-Visual Conservation Center of the Library of
Congress, and other appropriate nonprofit archival and
preservation organizations.''.
(b) National Film Preservation Board.--Section 104 of the National
Film Preservation Act of 1996 (2 U.S.C. 179n) is amended--
(1) in subsection (a)(1) by striking ``20'' and inserting
``22'';
(2) in subsection (a)(2) by striking ``three'' and
inserting ``5'';
(3) in subsection (d) by striking ``11'' and inserting
``12''; and
(4) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.''.
(c) Responsibilities and Powers of Board.--Section 105(c) of the
National Film Preservation Act of 1996 (2 U.S.C. 179o) is amended by
adding at the end the following:
``(3) Review and approval of special foundation projects.--
The Board shall review special projects submitted for its
approval by the National Film Preservation Foundation under
section 151711 of title 36, United States Code.''.
(d) National Film Registry.--Section 106 of the National Film
Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the
end the following:
``(e) National Audio-Visual Conservation Center.--The Librarian
shall utilize the National Audio-Visual Conservation Center of the
Library of Congress at Culpeper, Virginia, to ensure that preserved
films included in the National Film Registry are stored in a proper
manner, and disseminated to researchers, scholars, and the public as
may be appropriate in accordance with--
``(1) title 17, United States Code; and
``(2) the terms of any agreements between the Librarian and
persons who hold copyrights to such audiovisual works.''.
(e) Use of Seal.--Section 107 (a) of the National Film Preservation
Act of 1996 (2 U.S.C. 179q) is amended--
(1) in paragraph (1), by inserting ``in any format'' after
``or any copy''; and
(2) in paragraph (2), by striking ``or film copy'' and
inserting ``in any format''.
(f) Effective Date.--Section 113 of the National Film Preservation
Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting
``19''.
Subtitle B--Reauthorization of the National Film Preservation
Foundation
SEC. 221. REAUTHORIZATION AND AMENDMENT.
(a) Board of Directors.--Section 151703 of title 36, United States
Code, is amended--
(1) in subsection (b)(2)(A), by striking ``nine'' and
inserting ``12''; and
(2) in subsection (b)(4), by striking the second sentence
and inserting ``There shall be no limit to the number of terms
to which any individual may be appointed.''.
(b) Powers.--Section 151705(b) of title 36, United States Code, is
amended by striking ``District of Columbia'' and inserting ``the
jurisdiction in which the principal office of the corporation is
located''.
(c) Principal Office.--Section 151706 of title 36, United States
Code, is amended by inserting ``, or another place as determined by the
board of directors'' after ``District of Columbia''.
(d) Authorization of Appropriations.--Section 151711 of title 36,
United States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Library of Congress amounts necessary to carry out
this chapter, not to exceed $530,000 for each of the fiscal years 2005
and 2006, and not to exceed $1,000,000 for each of the fiscal years
2007 through 2015. These amounts are to be made available to the
corporation to match any private contributions (whether in currency,
services, or property) made to the corporation by private persons and
State and local governments.
``(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
management and general or fundraising expenses as reported to the
Internal Revenue Service as part of an annual information return
required under the Internal Revenue Code of 1986.''.
(e) Cooperative Film Preservation.--
(1) In general.--Chapter 1517 of title 36, United States
Code, is amended--
(A) by redesignating sections 151711 and 151712 as
sections 151712 and 151713, respectively; and
(B) by adding at the end the following:
``Sec. 151711. Cooperative film preservation
``(a) Cooperative Film Preservation.--
``(1) In general.--The corporation shall design and support
cooperative national film preservation and access initiatives.
Such initiatives shall be approved by the corporation, the
Librarian of Congress, and the National Film Preservation Board
of the Library of Congress under section 105(c)(3) of the
National Film Preservation Act of 1996.
``(2) Scope.--Cooperative initiatives authorized under
paragraph (1) may include--
``(A) the repatriation and preservation of American
films that may be found in archives outside of the
United States;
``(B) the exhibition and dissemination via
broadcast or other means of `orphan' films;
``(C) the production of educational materials in
various formats to encourage film preservation,
preservation initiatives undertaken by 3 or more
archives jointly; and
``(D) other activities undertaken in light of
significant unfunded film preservation and access
needs.
``(b) Authorization of Appropriations.--
``(1) In general.--There are authorized to be appropriated
to the Library of Congress amounts not to exceed $1,000,000 for
each of the fiscal years 2006 through 2015, to carry out the
purposes of this section.
``(2) Matching.--The amounts made available under paragraph
(1) are to be made available to the corporation to match any
private contributions (whether in currency, services, or
property) made to the corporation by private persons and State
and local governments.
``(3) Limitation related to administrative expenses.--
Amounts authorized under this section may not be used by the
corporation for management and general or fundraising expenses
as reported to the Internal Revenue Service as part of an
annual information return required under the Internal Revenue
Code of 1986.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 1517 of title 36, United States Code, is
amended by striking the items relating to sections 151711 and
151712 and inserting the following:
``151711. Cooperative film preservation.
``151712. Authorization of appropriations.
``151713. Annual report.''.
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