I 

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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Preservation and Res5 toration of Orphan Works for Use in Scholarship and 

6 Education (PRO-USE) Act of 2005’’. 
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1 TITLE I—PRESERVATION OF 

2 ORPHAN WORKS 

3 SEC. 101. SHORT TITLE. 

4 This title may be cited as the ‘‘Preservation of Or5 phan Works Act’’. 

6 SEC. 102. REPRODUCTION OF COPYRIGHTED WORKS BY LI7 BRARIES AND ARCHIVES. 

8 Section 108(i) of title 17, United States Code, is 

9 amended by striking ‘‘(b) and (c)’’ and inserting ‘‘(b), (c), 

10 and (h)’’. 

11 TITLE II—NATIONAL FILM 

12 PRESERVATION 

13 SEC. 201. SHORT TITLE. 

14 This title may be cited as the ‘‘National Film Preser15 vation Act of 2005’’. 

16 Subtitle A—Reauthorization of 

17 National Film Preservation Act 

18 SEC. 211. REAUTHORIZATION AND AMENDMENT. 

19 (a) DUTIES OF THE LIBRARIAN OF CONGRESS.—Sec20 tion 103 of the National Film Preservation Act of 1996 

21 (2 U.S.C. 179m) is amended: 

22 (1) in subsection (b)— 

23 (A) by striking ‘‘film copy’’ each place that 

24 term appears and inserting ‘‘film or other ap25 proved copy’’; 
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1 (B) by striking ‘‘film copies’’ each place 

2 that term appears and inserting ‘‘film or other 

3 approved copies’’; and 

4 (C) in the third sentence, by striking 

5 ‘‘copyrighted’’ and inserting ‘‘copyrighted, mass 

6 distributed, broadcast, or published’’; and 

7 (2) by adding at the end the following: 

8 ‘‘(c) COORDINATION OF PROGRAM WITH OTHER

9 COLLECTION, PRESERVATION, AND ACCESSIBILITY AC10 TIVITIES.—In carrying out the comprehensive national 

11 film preservation program for motion pictures established 

12 under the National Film Preservation Act of 1996, the 

13 Librarian, in consultation with the Board established pur14 suant to section 104, shall—

15 ‘‘(1) carry out activities to make films included 

16 in the National Film registry more broadly acces17 sible for research and educational purposes, and to 

18 generate public awareness and support of the Reg19 istry and the comprehensive national film preserva20 tion program; 

21 ‘‘(2) review the comprehensive national film 

22 preservation plan, and amend it to the extent nec23 essary to ensure that it addresses technological ad24 vances in the preservation and storage of, and access 

25 to film collections in multiple formats; and 
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1 ‘‘(3) wherever possible, undertake expanded ini2 tiatives to ensure the preservation of the moving 

3 image heritage of the United States, including film, 

4 videotape, television, and born digital moving image 

5 formats, by supporting the work of the National 

6 Audio-Visual Conservation Center of the Library of 

7 Congress, and other appropriate nonprofit archival 

8 and preservation organizations.’’. 

9 (b) NATIONAL FILM PRESERVATION BOARD.—Sec10 tion 104 of the National Film Preservation Act of 1996 

11 (2 U.S.C. 179n) is amended— 

12 (1) in subsection (a)(1) by striking ‘‘20’’ and 

13 inserting ‘‘22’’; 

14 (2) in subsection (a)(2) by striking ‘‘three’’ and 

15 inserting ‘‘5’’; 

16 (3) in subsection (d) by striking ‘‘11’’ and in17 serting ‘‘12’’; and 

18 (4) by striking subsection (e) and inserting the 

19 following: 

20 ‘‘(e) REIMBURSEMENT OF EXPENSES.—Members of 

21 the Board shall serve without pay, but may receive travel 

22 expenses, including per diem in lieu of subsistence, in ac23 cordance with sections 5702 and 5703 of title 5, United 

24 States Code.’’. 
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1 (c) RESPONSIBILITIES AND POWERS OF BOARD.— 

2 Section 105(c) of the National Film Preservation Act of 

3 1996 (2 U.S.C. 179o) is amended by adding at the end 

4 the following: 

5 ‘‘(3) REVIEW AND APPROVAL OF SPECIAL

6 FOUNDATION PROJECTS.—The Board shall review 

7 special projects submitted for its approval by the 

8 National Film Preservation Foundation under sec9 tion 151711 of title 36, United States Code.’’. 

10 (d) NATIONAL FILM REGISTRY.—Section 106 of the 

11 National Film Preservation Act of 1996 (2 U.S.C. 179p) 

12 is amended by adding at the end the following: 

13 ‘‘(e) NATIONAL AUDIO-VISUAL CONSERVATION CEN14 TER.—The Librarian shall utilize the National Audio-Vis15 ual Conservation Center of the Library of Congress at 

16 Culpeper, Virginia, to ensure that preserved films included 

17 in the National Film Registry are stored in a proper man18 ner, and disseminated to researchers, scholars, and the 

19 public as may be appropriate in accordance with— 

20 ‘‘(1) title 17, United States Code; and 

21 ‘‘(2) the terms of any agreements between the 

22 Librarian and persons who hold copyrights to such 

23 audiovisual works.’’. 
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1 (e) USE OF SEAL.—Section 107 (a) of the National 

2 Film Preservation Act of 1996 (2 U.S.C. 179q) is amend3 ed— 

4 (1) in paragraph (1), by inserting ‘‘in any for5 mat’’ after ‘‘or any copy’’; and 

6 (2) in paragraph (2), by striking ‘‘or film copy’’ 

7 and inserting ‘‘in any format’’. 

8 (f) EFFECTIVE DATE.—Section 113 of the National 

9 Film Preservation Act of 1996 (2 U.S.C. 179w) is amend10 ed by striking ‘‘7’’ and inserting ‘‘19’’. 

11 Subtitle B—Reauthorization of the 

12 National Film Preservation 

13 Foundation 

14 SEC. 221. REAUTHORIZATION AND AMENDMENT. 

15 (a) BOARD OF DIRECTORS.—Section 151703 of title 

16 36, United States Code, is amended— 

17 (1) in subsection (b)(2)(A), by striking ‘‘nine’’ 

18 and inserting ‘‘12’’; and 

19 (2) in subsection (b)(4), by striking the second 

20 sentence and inserting ‘‘There shall be no limit to 

21 the number of terms to which any individual may be 

22 appointed.’’. 

23 (b) POWERS.—Section 151705(b) of title 36, United 

24 States Code, is amended by striking ‘‘District of Colum-
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1 bia’’ and inserting ‘‘the jurisdiction in which the principal 

2 office of the corporation is located’’. 

3 (c) PRINCIPAL OFFICE.—Section 151706 of title 36, 

4 United States Code, is amended by inserting ‘‘, or another 

5 place as determined by the board of directors’’ after ‘‘Dis6 trict of Columbia’’. 

7 (d) AUTHORIZATION OF APPROPRIATIONS.—Section 

8 151711 of title 36, United States Code, is amended by 

9 striking subsections (a) and (b) and inserting the fol10 lowing: 

11 ‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 

12 are authorized to be appropriated to the Library of Con13 gress amounts necessary to carry out this chapter, not to 

14 exceed $530,000 for each of the fiscal years 2005 and 

15 2006, and not to exceed $1,000,000 for each of the fiscal 

16 years 2007 through 2015. These amounts are to be made 

17 available to the corporation to match any private contribu18 tions (whether in currency, services, or property) made to 

19 the corporation by private persons and State and local 

20 governments. 

21 ‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX22 PENSES.—Amounts authorized under this section may not 

23 be used by the corporation for management and general 

24 or fundraising expenses as reported to the Internal Rev-
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1 enue Service as part of an annual information return re2 quired under the Internal Revenue Code of 1986.’’. 

3 (e) COOPERATIVE FILM PRESERVATION.— 

4 (1) IN GENERAL.—Chapter 1517 of title 36, 

5 United States Code, is amended— 

6 (A) by redesignating sections 151711 and 

7 151712 as sections 151712 and 151713, re8 spectively; and 

9 (B) by adding at the end the following: 

10 ‘‘§ 151711. Cooperative film preservation 

11 ‘‘(a) COOPERATIVE FILM PRESERVATION.— 

12 ‘‘(1) IN GENERAL.—The corporation shall de13 sign and support cooperative national film preserva14 tion and access initiatives. Such initiatives shall be 

15 approved by the corporation, the Librarian of Con16 gress, and the National Film Preservation Board of 

17 the Library of Congress under section 105(c)(3) of 

18 the National Film Preservation Act of 1996. 

19 ‘‘(2) SCOPE.—Cooperative initiatives authorized 

20 under paragraph (1) may include— 

21 ‘‘(A) the repatriation and preservation of 

22 American films that may be found in archives 

23 outside of the United States; 

24 ‘‘(B) the exhibition and dissemination via 

25 broadcast or other means of ‘orphan’ films; 
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1 ‘‘(C) the production of educational mate2 rials in various formats to encourage film pres3 ervation, preservation initiatives undertaken by 

4 3 or more archives jointly; and 

5 ‘‘(D) other activities undertaken in light of 

6 significant unfunded film preservation and ac7 cess needs. 

8 ‘‘(b) AUTHORIZATION OF APPROPRIATIONS.— 

9 ‘‘(1) IN GENERAL.—There are authorized to be 

10 appropriated to the Library of Congress amounts 

11 not to exceed $1,000,000 for each of the fiscal years 

12 2006 through 2015, to carry out the purposes of 

13 this section. 

14 ‘‘(2) MATCHING.—The amounts made available 

15 under paragraph (1) are to be made available to the 

16 corporation to match any private contributions 

17 (whether in currency, services, or property) made to 

18 the corporation by private persons and State and 

19 local governments. 

20 ‘‘(3) LIMITATION RELATED TO ADMINISTRATIVE

21 EXPENSES.—Amounts authorized under this section 

22 may not be used by the corporation for management 

23 and general or fundraising expenses as reported to 

24 the Internal Revenue Service as part of an annual 
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1 information return required under the Internal Rev2 enue Code of 1986.’’. 

3 (2) TECHNICAL AND CONFORMING AMEND4 MENT.—The table of sections for chapter 1517 of 

5 title 36, United States Code, is amended by striking 

6 the items relating to sections 151711 and 151712 

7 and inserting the following: 

‘‘151711. Cooperative film preservation. 

‘‘151712. Authorization of appropriations. 

‘‘151713. Annual report.’’. 

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