Home > 106th Congressional Bills > H.R. 4846 (ih) To establish the National Recording Registry in the Library of Congress to maintain and preserve recordings that are culturally, historically, or aesthetically significant, and for other purposes. [Introduced in House] ...

H.R. 4846 (ih) To establish the National Recording Registry in the Library of Congress to maintain and preserve recordings that are culturally, historically, or aesthetically significant, and for other purposes. [Introduced in House] ...


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        H.R.4846

                       One Hundred Sixth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

           Begun and held at the City of Washington on Monday,
             the twenty-fourth day of January, two thousand


                                 An Act


 
To establish the National Recording Registry in the Library of Congress 
     to maintain and preserve sound recordings that are culturally, 
   historically, or aesthetically significant, and for other 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 ``National Recording Preservation Act 
of 2000''.

    TITLE I--SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS
                Subtitle A--National Recording Registry

SEC. 101. NATIONAL RECORDING REGISTRY OF THE LIBRARY OF CONGRESS.

    The Librarian of Congress shall establish the National Recording 
Registry for the purpose of maintaining and preserving sound recordings 
that are culturally, historically, or aesthetically significant.

SEC. 102. DUTIES OF LIBRARIAN OF CONGRESS.

    (a) Establishment of Criteria and Procedures.--For purposes of 
carrying out this subtitle, the Librarian shall--
        (1) establish criteria and procedures under which sound 
    recordings may be included in the National Recording Registry, 
    except that no sound recording shall be eligible for inclusion in 
    the National Recording Registry until 10 years after the 
    recording's creation;
        (2) establish procedures under which the general public may 
    make recommendations to the National Recording Preservation Board 
    established under subtitle C regarding the inclusion of sound 
    recordings in the National Recording Registry; and
        (3) determine which sound recordings satisfy the criteria 
    established under paragraph (1) and select such recordings for 
    inclusion in the National Recording Registry.
    (b) Publication of Sound Recordings in the Registry.--The Librarian 
shall publish in the Federal Register the name of each sound recording 
that is selected for inclusion in the National Recording Registry.

SEC. 103. SEAL OF THE NATIONAL RECORDING REGISTRY.

    (a) In General.--The Librarian shall provide a seal to indicate 
that a sound recording has been included in the National Recording 
Registry and is the Registry version of that recording.
    (b) Use of Seal.--The Librarian shall establish guidelines for 
approval of the use of the seal provided under subsection (a), and 
shall include in the guidelines the following:
        (1) The seal may only be used on recording copies of the 
    Registry version of a sound recording.
        (2) The seal may be used only after the Librarian has given 
    approval to those persons seeking to apply the seal in accordance 
    with the guidelines.
        (3) In the case of copyrighted mass distributed, broadcast, or 
    published works, only the copyright legal owner or an authorized 
    licensee of that copyright owner may place or authorize the 
    placement of the seal on any recording copy of the Registry version 
    of any sound recording that is maintained in the National Recording 
    Registry Collection in the Library of Congress.
        (4) Anyone authorized to place the seal on any recording copy 
    of any Registry version of a sound recording may accompany such 
    seal with the following language: ``This sound recording is 
    selected for inclusion in the National Recording Registry by the 
    Librarian of Congress in consultation with the National Recording 
    Preservation Board of the Library of Congress because of its 
    cultural, historical, or aesthetic significance.''.
    (c) Effective Date of the Seal.--The use of the seal provided under 
subsection (a) with respect to a sound recording shall be effective 
beginning on the date the Librarian publishes in the Federal Register 
(in accordance with section 102(b)) the name of the recording, as 
selected for inclusion in the National Recording Registry.
    (d) Prohibited Uses of the Seal.--
        (1) Prohibition on distribution and exhibition.--No person may 
    knowingly distribute or exhibit to the public a version of a sound 
    recording or any copy of a sound recording which bears the seal 
    described in subsection (a) if such recording--
            (A) is not included in the National Recording Registry; or
            (B) is included in the National Recording Registry but has 
        not been approved for use of the seal by the Librarian pursuant 
        to the guidelines established under subsection (b).
        (2) Prohibition on promotion.--No person may knowingly use the 
    seal described in subsection (a) to promote any version of a sound 
    recording or recording copy other than a Registry version.
    (e) Remedies for Violations.--
        (1) Jurisdiction.--The several district courts of the United 
    States shall have jurisdiction, for cause shown, to prevent and 
    restrain violations of subsection (d).
        (2) Relief.--
            (A) Removal of seal.--Except as provided in subparagraph 
        (B), relief for violation of subsection (d) shall be limited to 
        the removal of the seal from the sound recording involved in 
        the violation.
            (B) Fine and injunctive relief.--In the case of a pattern 
        or practice of the willful violation of subsection (d), the 
        court may order a civil fine of not more than $10,000 and 
        appropriate injunctive relief.
        (3) Limitation of remedies.--The remedies provided in this 
    subsection shall be the exclusive remedies under this title, or any 
    other Federal or State law, regarding the use of the seal described 
    in subsection (a).

SEC. 104. NATIONAL RECORDING REGISTRY COLLECTION OF THE LIBRARY OF 
              CONGRESS.

    (a) In General.--All copies of sound recordings on the National 
Recording Registry that are received by the Librarian under subsection 
(b) shall be maintained in the Library of Congress and be known as the 
``National Recording Registry Collection of the Library of Congress''. 
The Librarian shall by regulation and in accordance with title 17, 
United States Code, provide for reasonable access to the sound 
recordings and other materials in such collection for scholarly and 
research purposes.
    (b) Acquisition of Quality Copies.--
        (1) In general.--The Librarian shall seek to obtain, by gift 
    from the owner, a quality copy of the Registry version of each 
    sound recording included in the National Recording Registry.
        (2) Limit on number of copies.--Not more than one copy of the 
    same version or take of any sound recording may be preserved in the 
    National Recording Registry. Nothing in the preceding sentence may 
    be construed to prohibit the Librarian from making or distributing 
    copies of sound recordings included in the Registry for purposes of 
    carrying out this Act.
    (c) Property of United States.--All copies of sound recordings on 
the National Recording Registry that are received by the Librarian 
under subsection (b) shall become the property of the United States 
Government, subject to the provisions of title 17, United States Code.

       Subtitle B--National Sound Recording Preservation Program

SEC. 111. ESTABLISHMENT OF PROGRAM BY LIBRARIAN OF CONGRESS.

    (a) In General.--The Librarian shall, after consultation with the 
National Recording Preservation Board established under subtitle C, 
implement a comprehensive national sound recording preservation 
program, in conjunction with other sound recording archivists, 
educators and historians, copyright owners, recording industry 
representatives, and others involved in activities related to sound 
recording preservation, and taking into account studies conducted by 
the Board.
    (b) Contents of Program Specified.--The program established under 
subsection (a) shall--
        (1) coordinate activities to assure that efforts of archivists 
    and copyright owners, and others in the public and private sector, 
    are effective and complementary;
        (2) generate public awareness of and support for these 
    activities;
        (3) increase accessibility of sound recordings for educational 
    purposes;
        (4) undertake studies and investigations of sound recording 
    preservation activities as needed, including the efficacy of new 
    technologies, and recommend solutions to improve these practices; 
    and
        (5) utilize the audiovisual conservation center of the Library 
    of Congress at Culpeper, Virginia, to ensure that preserved sound 
    recordings included in the National Recording Registry are stored 
    in a proper manner and disseminated to researchers, scholars, and 
    the public as may be appropriate in accordance with title 17, 
    United States Code, and the terms of any agreements between the 
    Librarian and persons who hold copyrights to such recordings.

SEC. 112. PROMOTING ACCESSIBILITY AND PUBLIC AWARENESS OF SOUND 
              RECORDINGS.

    The Librarian shall carry out activities to make sound recordings 
included in the National Recording Registry more broadly accessible for 
research and educational purposes and to generate public awareness and 
support of the Registry and the comprehensive national sound recording 
preservation program established under this subtitle.

           Subtitle C--National Recording Preservation Board

SEC. 121. ESTABLISHMENT.

    The Librarian shall establish in the Library of Congress a National 
Recording Preservation Board whose members shall be selected in 
accordance with the procedures described in section 122.

SEC. 122. APPOINTMENT OF MEMBERS.

    (a) Selections From Lists Submitted by Organizations.--
        (1) In general.--The Librarian shall request each organization 
    described in paragraph (2) to submit a list of three candidates 
    qualified to serve as a member of the Board. The Librarian shall 
    appoint one member from each such list, and shall designate from 
    that list an alternate who may attend at Board expense those 
    meetings which the individual appointed to the Board cannot attend.
        (2) Organizations described.--The organizations described in 
    this paragraph are as follows:
            (A) National Academy of Recording Arts and Sciences 
        (NARAS).
            (B) Recording Industry Association of America (RIAA).
            (C) Association for Recorded Sound Collections (ARSC).
            (D) American Society of Composers, Authors and Publishers 
        (ASCAP).
            (E) Broadcast Music, Inc. (BMI).
            (F) Songwriters Association (SESAC).
            (G) American Federation of Musicians (AF of M).
            (H) Music Library Association.
            (I) American Musicological Society.
            (J) National Archives and Record Administration.
            (K) National Association of Recording Merchandisers (NARM).
            (L) Society for Ethnomusicology.
            (M) American Folklore Society.
            (N) Country Music Foundation.
            (O) Audio Engineering Society (AES).
            (P) National Academy of Popular Music.
            (Q) Digital Media Association (DiMA).
    (b) Other Members.--In addition to the members appointed under 
subsection (a), the Librarian may appoint not more than five members-
at-large. The Librarian shall select an alternate for each member-at-
large, who may attend at Board expense those meetings that the member-
at-large cannot attend.
    (c) Chair.--The Librarian shall appoint one member of the Board to 
serve as Chair.
    (d) Term of Office.--
        (1) Terms.--The term of each member of the Board shall be 4 
    years, except that there shall be no limit to the number of terms 
    that any individual member may serve.
        (2) Removal of member of organization.--The Librarian shall 
    have the authority to remove any member of the Board (or, in the 
    case of a member appointed under subsection (a)(1), the 
    organization that such member represents) if the member or 
    organization over any consecutive 2-year period fails to attend at 
    least one regularly scheduled Board meeting.
        (3) Vacancies.--A vacancy in the Board shall be filled in the 
    manner in which the original appointment was made under subsection 
    (a), except that the Librarian may fill the vacancy from a list of 
    candidates previously submitted by the organization or 
    organizations involved. Any member appointed to fill a vacancy 
    shall be appointed for the remainder of the term of the member's 
    predecessor.

SEC. 123. SERVICE OF MEMBERS; MEETINGS.

    (a) 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.
    (b) Conflict of Interest.--The Librarian shall establish rules and 
procedures to address any potential conflict of interest between a 
member of the Board and responsibilities of the Board.
    (c) Meetings.--The Board shall meet at least once each fiscal year. 
Meetings shall be at the call of the Librarian.
    (d) Quorum.--Eleven members of the Board shall constitute a quorum 
for the transaction of business.

SEC. 124. RESPONSIBILITIES OF BOARD.

    (a) Review and Recommendation of Nominations for National Recording 
Registry.--
        (1) In general.--The Board shall review nominations of sound 
    recordings submitted to it for inclusion in the National Recording 
    Registry and advise the Librarian, as provided in subtitle A, with 
    respect to the inclusion of such recordings in the Registry and the 
    preservation of these and other sound recordings that are 
    culturally, historically, or aesthetically significant.
        (2) Source of nominations.--The Board shall consider for 
    inclusion in the National Recording Registry nominations submitted 
    by the general public as well as representatives of sound recording 
    archives and the sound recording industry (such as the guilds and 
    societies representing sound recording artists) and other creative 
    artists.
    (b) Study and Report on Sound Recording Preservation and 
Restoration.--The Board shall conduct a study and issue a report on the 
following issues:
        (1) The current state of sound recording archiving, 
    preservation and restoration activities.
        (2) Taking into account the research and other activities 
    carried out by or on behalf of the National Audio-Visual 
    Conservation Center at Culpeper, Virginia--
            (A) the methodology and standards needed to make the 
        transition from analog ``open reel'' preservation of sound 
        recordings to digital preservation of sound recordings; and
            (B) standards for access to preserved sound recordings by 
        researchers, educators, and other interested parties.
        (3) The establishment of clear standards for copying old sound 
    recordings (including equipment specifications and equalization 
    guidelines).
        (4) Current laws and restrictions regarding the use of archives 

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