H.R.24 - Preservation and Restoration of Orphan Works for Use in Scholarship and Education (PRO-USE) Act of 2005 109th Congress (2005-2006)

[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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