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Public Law 104-285
104th Congress
An Act
To reauthorize the National Film Preservation Board, and for other
purposes. <<NOTE: Oct. 11, 1996 - [H.R. 1734]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
TITLE I <<NOTE: National Film Preservation Act of 1996.>> --
REAUTHORIZATION OF THE NATIONAL FILM PRESERVATION BOARD
SEC. 101. <<NOTE: 2 USC 179l note.>> SHORT TITLE.
This title may be cited as the ``National Film Preservation Act of
1996''.
SEC. 102. <<NOTE: 2 USC 179l.>> NATIONAL FILM REGISTRY OF THE LIBRARY
OF CONGRESS.
The Librarian of Congress (hereafter in this Act referred to as the
``Librarian'') shall continue the National Film Registry established and
maintained under the National Film Preservation Act of 1988 (Public Law
100-446), and the National Film Preservation Act of 1992 (Public Law
102-307) pursuant to the provisions of this title, for the purpose of
maintaining and preserving films that are culturally, historically, or
aesthetically significant.
SEC. 103. <<NOTE: 2 USC 179m.>> DUTIES OF THE LIBRARIAN OF CONGRESS.
(a) Powers.--
(1) In general.--The Librarian shall, after consultation
with the Board established pursuant to section 104--
(A) continue the implementation of the comprehensive
national film preservation program for motion pictures
established under the National Film Preservation Act of
1992, in conjunction with other film archivists,
educators and historians, copyright owners, film
industry representatives, and others involved in
activities related to film preservation, taking into
account the objectives of the national film preservation
study and the comprehensive national plan conducted
under the National Film Preservation Act of 1992. This
program shall--
(i) coordinate activities to assure that
efforts of archivists and copyright owners, and
others in the public and private sector, are
effective and complementary;
(ii) generate public awareness of and support
for these activities;
(iii) increase accessibility of films for
educational purposes; and
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(iv) undertake studies and investigations of
film preservation activities as needed, including
the efficacy of new technologies, and recommend
solutions to improve these practices;
(B) establish criteria and procedures under which
films may be included in the National Film Registry,
except that no film shall be eligible for inclusion in
the National Film Registry until 10 years after such
film's first publication;
(C) establish procedures under which the general
public may make recommendations to the Board regarding
the inclusion of films in the National Film Registry;
and
(D) determine which films satisfy the criteria
established under subparagraph (B) and qualify for
inclusion in the National Film Registry, except that the
Librarian shall not select more than 25 films each year
for inclusion in the Registry.
(2) Publication of films in registry.-- <<NOTE: Federal
Register, publication.>> The Librarian shall publish in the
Federal Register the name of each film that is selected for
inclusion in the National Film Registry.
(3) Seal.--The Librarian shall provide a seal to indicate
that a film has been included in the National Film Registry and
is the Registry version of that film. The Librarian shall
establish guidelines for approval of the use of the seal in
accordance with subsection (b).
(b) Use of Seal.--The seal provided under subsection (a)(3) may only
be used on film copies of the Registry version of a film. Such seal may
be used only after the Librarian has given approval to those persons
seeking to apply the seal in accordance with the guidelines under
subsection (a)(3). In the case of copyrighted works, only the copyright
owner or an authorized licensee of the copyright owner may place or
authorize the placement of the seal on any film copy of a Registry
version of a film selected for inclusion in the National Film Registry,
and the Librarian may place the seal on any film copy of the Registry
version of any film that is maintained in the National Film Registry
Collection in the Library of Congress. Anyone authorized to place the
seal on any film copy of any Registry version of a film may accompany
such seal with the following language: ``This film was selected for
inclusion in the National Film Registry by the National Film
Preservation Board of the Library of Congress because of its cultural,
historical, or aesthetic significance.''.
SEC. 104. <<NOTE: 2 USC 179n.>> NATIONAL FILM PRESERVATION BOARD.
(a) Number and Appointment.--
(1) Members.-- <<NOTE: Establishment.>> The Librarian shall
establish in the Library of Congress a National Film
Preservation Board to be comprised of 20 members, who shall be
selected by the Librarian in accordance with this section.
Subject to subparagraphs (C) and (N), the Librarian shall
request each organization listed in subparagraphs (A) through
(Q) to submit a list of three candidates qualified to serve as a
member of the Board. Except for the members-at-large appointed
under subparagraph (2), the Librarian shall appoint one member
from each such list submitted by such organizations, and shall
designate from that list an alternate who may attend at Board
expense those
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meetings to which the individual appointed to the Board cannot
attend. The organizations are the following:
(A) The Academy of Motion Picture Arts and Sciences.
(B) The Directors Guild of America.
(C) The Writers Guild of America. The Writers Guild
of America East and the Writers Guild of America West
shall each nominate three candidates, and a
representative from one organization shall be selected
as the member and a representative from the other
organization as the alternate.
(D) The National Society of Film Critics.
(E) The Society for Cinema Studies.
(F) The American Film Institute.
(G) The Department of Film and Television of the
School of Theater, Film and Television at the University
of California, Los Angeles.
(H) The Department of Film and Television of the
Tisch School of the Arts at New York University.
(I) The University Film and Video Association.
(J) The Motion Picture Association of America.
(K) The Alliance of Motion Picture and Television
Producers.
(L) The Screen Actors Guild of America.
(M) The National Association of Theater Owners.
(N) The American Society of Cinematographers and the
International Photographers Guild, which shall jointly
submit one list of three candidates from which a member
and alternate will be selected.
(O) The United States Members of the International
Federation of Film Archives.
(P) The Association of Moving Image Archivists.
(Q) The Society of Composers and Lyricists.
(2) Members-at-large.--In addition to the members appointed
under paragraph (1), the Librarian shall appoint up to three
members-at-large. The Librarian shall also select an alternate
for each member at-large, who may attend at Board expense those
meetings which the member at-large cannot attend.
(b) Chair.--The Librarian shall appoint one member of the Board to
serve as Chair.
(c) 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 or organization.--The Librarian shall
have the authority to remove any member of the Board, or the
organization listed in subsection (a) 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 before the expiration of the term for which
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his or her predecessor was appointed shall be appointed for the
remainder of such term.
(d) Quorum.--11 members of the Board shall constitute a quorum but a
lesser number may hold hearings.
(e) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may be reimbursed for the actual and necessary
traveling and subsistence expenses incurred by them in the performance
of the duties of the Board.
(f) Meetings.--The Board shall meet at least once each fiscal year.
Meetings shall be at the call of the Librarian.
(g) 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.
SEC. 105. <<NOTE: 2 USC 179o.>> RESPONSIBILITIES AND POWERS OF BOARD.
(a) In General.--The Board shall review nominations of films
submitted to it for inclusion in the National Film Registry and consult
with the Librarian, as provided in section 103, with respect to the
inclusion of such films in the Registry and the preservation of these
and other films that are culturally, historically, or aesthetically
significant.
(b) Nomination of Films.--The Board shall consider, for inclusion in
the National Film Registry, nominations submitted by the general public
as well as representatives of the film industry, such as the guilds and
societies representing actors, directors, screenwriters,
cinematographers, and other creative artists, producers, and film
critics, archives and other film preservation organizations, and
representatives of academic institutions with film study programs. The
Board shall nominate not more than 25 films each year for inclusion in
the Registry.
(c) Powers.--
(1) In general.--The Board may, for the purpose of carrying
out its duties, hold such hearings, sit and act at such times
and places, take such testimony, and receive such evidence, as
the Librarian and the Board consider appropriate.
(2) Service on foundation.--Two sitting members of the Board
shall be appointed by the Librarian, and shall serve, as Board
members of the National Film Preservation Foundation, in
accordance with section 203.
SEC. 106. <<NOTE: 2 USC 179p.>> NATIONAL FILM REGISTRY COLLECTION OF
THE LIBRARY OF CONGRESS.
(a) Acquisition of Archival Quality Copies.--The Librarian shall
endeavor to obtain, by gift from the owner, an archival quality copy of
the Registry version of each film included in the National Film
Registry. Whenever possible, the Librarian shall endeavor to obtain the
best surviving materials, including preprint materials. Copyright owners
and others possessing copies of such materials are strongly encouraged,
to further the preservation purposes of this Act, to provide preprint
and other archival elements to the Library of Congress.
(b) Additional Materials.--The Librarian shall endeavor to obtain,
for educational and research purposes, additional materials related to
each film included in the National Film Registry, such as background
materials, production reports, shooting scripts (including continuity
scripts) and other similar materials.
(c) Property of United States.--All copies of films on the National
Film Registry that are received as gifts or bequests by
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the Librarian and other materials 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.
(d) National Film Registry Collection.--All copies of films on the
National Film Registry that are received by the Librarian under
subsection (a), and other materials received by the Librarian under
subsection (b), shall be maintained in the Library of Congress and be
known as the ``National Film 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 films
and other materials in such collection for scholarly and research
purposes.
SEC. 107. <<NOTE: 2 USC 179q.>> SEAL OF THE NATIONAL FILM REGISTRY.
(a) Use of the Seal.--
(1) Prohibition on distribution and exhibition.--No person
shall knowingly distribute or exhibit to the public a version of
a film or any copy of a film which bears the seal described in
section 103(a)(3) if such film--
(A) is not included in the National Film Registry;
or
(B) is included in the National Film Registry, but
such film or film copy has not been approved for use of
the seal by the Librarian pursuant to section
103(a)(1)(D).
(2) Prohibition on promotion.--No person shall knowingly use
the seal described in section 103(a)(3) to promote any version
of a film or film copy other than a Registry version.
(b) Effective Date of the Seal.--The use of the seal described in
section 103(a)(3) shall be effective for each film after the Librarian
publishes in the Federal Register, in accordance with section 103(a)(2),
the name of that film as selected for inclusion in the National Film
Registry.
SEC. 108. <<NOTE: 2 USC 179r.>> REMEDIES.
(a) Jurisdiction.-- <<NOTE: Courts.>> The several district courts of
the United States shall have jurisdiction, for cause shown, to prevent
and restrain violations of section 107(a).
(b) Relief.--
(1) Removal of seal.--Except as provided in paragraph (2),
relief for violation of section 107(a) shall be limited to the
removal of the seal of the National Film Registry from the film
involved in the violation.
(2) Fine and injunctive relief.--In the case of a pattern or
practice of the willful violation of section 107(a), the United
States district courts may order a civil fine of not more than
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