To encourage the preservation and restoration of copyrighted works for research, scholarly, and educational purposes.

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

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.'.

END