109TH CONGRESS

1ST SESSION S. 167

AN ACT

To provide for the protection of intellectual property rights,

and for other 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 ‘‘Family Entertainment

5 and Copyright Act of 2005’’.
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1 TITLE I—ARTISTS’ RIGHTS AND

2 THEFT PREVENTION

3 SEC. 101. SHORT TITLE.

4 This title may be cited as the ‘‘Artists’ Rights and

5 Theft Prevention Act of 2005’’ or the ‘‘ART Act’’.

6 SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RE7 CORDING OF MOTION PICTURES IN A MO8 TION PICTURE EXHIBITION FACILITY.

9 (a) IN GENERAL.—Chapter 113 of title 18, United

10 States Code, is amended by adding after section 2319A

11 the following new section:

12 ‘‘§ 2319B. Unauthorized recording of Motion pictures

13 in a Motion picture exhibition facility

14 ‘‘(a) OFFENSE.—Any person who, without the au15 thorization of the copyright owner, knowingly uses or at16 tempts to use an audiovisual recording device to transmit

17 or make a copy of a motion picture or other audiovisual

18 work protected under title 17, or any part thereof, from

19 a performance of such work in a motion picture exhibition

20 facility, shall—

21 ‘‘(1) be imprisoned for not more than 3 years,

22 fined under this title, or both; or

23 ‘‘(2) if the offense is a second or subsequent of24 fense, be imprisoned for no more than 6 years, fined

25 under this title, or both.
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1 The possession by a person of an audiovisual recording

2 device in a motion picture exhibition facility may be con3 sidered as evidence in any proceeding to determine wheth4 er that person committed an offense under this subsection,

5 but shall not, by itself, be sufficient to support a conviction

6 of that person for such offense.

7 ‘‘(b) FORFEITURE AND DESTRUCTION.—When a per8 son is convicted of a violation of subsection (a), the court

9 in its judgment of conviction shall, in addition to any pen10 alty provided, order the forfeiture and destruction or other

11 disposition of all unauthorized copies of motion pictures

12 or other audiovisual works protected under title 17, or

13 parts thereof, and any audiovisual recording devices or

14 other equipment used in connection with the offense.

15 ‘‘(c) AUTHORIZED ACTIVITIES.—This section does

16 not prevent any lawfully authorized investigative, protec17 tive, or intelligence activity by an officer, agent, or em18 ployee of the United States, a State, or a political subdivi19 sion of a State, or by a person acting under a contract

20 with the United States, a State, or a political subdivision

21 of a State.

22 ‘‘(d) IMMUNITY FOR THEATERS.—With reasonable

23 cause, the owner or lessee of a motion picture exhibition

24 facility where a motion picture or other audiovisual work

25 is being exhibited, the authorized agent or employee of
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1 such owner or lessee, the licensor of the motion picture

2 or other audiovisual work being exhibited, or the agent

3 or employee of such licensor—

4 ‘‘(1) may detain, in a reasonable manner and

5 for a reasonable time, any person suspected of a vio6 lation of this section with respect to that motion pic7 ture or audiovisual work for the purpose of ques8 tioning or summoning a law enforcement officer; and

9 ‘‘(2) shall not be held liable in any civil or

10 criminal action arising out of a detention under

11 paragraph (1).

12 ‘‘(e) VICTIM IMPACT STATEMENT.—

13 ‘‘(1) IN GENERAL.—During the preparation of

14 the presentence report under rule 32(c) of the Fed15 eral Rules of Criminal Procedure, victims of an of16 fense under this section shall be permitted to submit

17 to the probation officer a victim impact statement

18 that identifies the victim of the offense and the ex19 tent and scope of the injury and loss suffered by the

20 victim, including the estimated economic impact of

21 the offense on that victim.

22 ‘‘(2) CONTENTS.—A victim impact statement

23 submitted under this subsection shall include—
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1 ‘‘(A) producers and sellers of legitimate

2 works affected by conduct involved in the of3 fense;

4 ‘‘(B) holders of intellectual property rights

5 in the works described in subparagraph (A);

6 and

7 ‘‘(C) the legal representatives of such pro8 ducers, sellers, and holders.

9 ‘‘(f) STATE LAW NOT PREEMPTED.—Nothing in this

10 section may be construed to annul or limit any rights or

11 remedies under the laws of any State.

12 ‘‘(g) DEFINITIONS.—In this section, the following

13 definitions shall apply:

14 ‘‘(1) TITLE 17 DEFINITIONS.—The terms

15 ‘audiovisual work’, ‘copy’, ‘copyright owner’, ‘motion

16 picture’, ‘motion picture exhibition facility’, and

17 ‘transmit’ have, respectively, the meanings given

18 those terms in section 101 of title 17.

19 ‘‘(2) AUDIOVISUAL RECORDING DEVICE.—The

20 term ‘audiovisual recording device’ means a digital

21 or analog photographic or video camera, or any

22 other technology or device capable of enabling the

23 recording or transmission of a copyrighted motion

24 picture or other audiovisual work, or any part there-
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1 of, regardless of whether audiovisual recording is the

2 sole or primary purpose of the device.’’.

3 (b) CLERICAL AMENDMENT.—The table of sections

4 at the beginning of chapter 113 of title 18, United States

5 Code, is amended by inserting after the item relating to

6 section 2319A the following:

‘‘2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility.’’.

7 (c) DEFINITION.—Section 101 of title 17, United

8 States Code, is amended by inserting after the definition

9 of ‘‘Motion pictures’’ the following: ‘‘The term ‘‘motion

10 picture exhibition facility’’ means a movie theater, screen11 ing room, or other venue that is being used primarily for

12 the exhibition of a copyrighted motion picture, if such ex13 hibition is open to the public or is made to an assembled

14 group of viewers outside of a normal circle of a family

15 and its social acquaintances.’’.

16 SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING

17 PREPARED FOR COMMERCIAL DISTRIBU18 TION.

19 (a) PROHIBITED ACTS.—Section 506(a) of title 17,

20 United States Code, is amended to read as follows:

21 ‘‘(a) CRIMINAL INFRINGEMENT.—

22 ‘‘(1) IN GENERAL.—Any person who willfully

23 infringes a copyright shall be punished as provided
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1 under section 2319 of title 18, if the infringement

2 was committed—

3 ‘‘(A) for purposes of commercial advantage

4 or private financial gain;

5 ‘‘(B) by the reproduction or distribution,

6 including by electronic means, during any 180–

7 day period, of 1 or more copies or phonorecords

8 of 1 or more copyrighted works, which have a

9 total retail value of more than $1,000; or

10 ‘‘(C) by the distribution of a work being

11 prepared for commercial distribution, by mak12 ing it available on a computer network acces13 sible to members of the public, if such person

14 knew or should have known that the work was

15 intended for commercial distribution.

16 ‘‘(2) EVIDENCE.—For purposes of this sub17 section, evidence of reproduction or distribution of a

18 copyrighted work, by itself, shall not be sufficient to

19 establish willful infringement of a copyright.

20 ‘‘(3) DEFINITION.—In this subsection, the term

21 ‘work being prepared for commercial distribution’

22 means—

23 ‘‘(A) a computer program, a musical work,

24 a motion picture or other audiovisual work, or
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1 a sound recording, if, at the time of unauthor2 ized distribution—

3 ‘‘(i) the copyright owner has a reason4 able expectation of commercial distribu5 tion; and

6 ‘‘(ii) the copies or phonorecords of the

7 work have not been commercially distrib8 uted; or

9 ‘‘(B) a motion picture, if, at the time of

10 unauthorized distribution, the motion picture—

11 ‘‘(i) has been made available for view12 ing in a motion picture exhibition facility;

13 and

14 ‘‘(ii) has not been made available in

15 copies for sale to the general public in the

16 United States in a format intended to per17 mit viewing outside a motion picture exhi18 bition facility.’’.

19 (b) CRIMINAL PENALTIES.—Section 2319 of title 18,

20 United States Code, is amended—

21 (1) in subsection (a)—

22 (A) by striking ‘‘Whoever’’ and inserting

23 ‘‘Any person who’’; and

24 (B) by striking ‘‘and (c) of this section’’

25 and inserting ‘‘, (c), and (d)’’;
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1 (2) in subsection (b), by striking ‘‘section

2 506(a)(1)’’ and inserting ‘‘section 506(a)(1)(A)’’;

3 (3) in subsection (c), by striking ‘‘section

4 506(a)(2) of title 17, United States Code’’ and in5 serting ‘‘section 506(a)(1)(B) of title 17’’;

6 (4) by redesignating subsections (d) and (e) as

7 subsections (e) and (f), respectively;

8 (5) by adding after subsection (c) the following:

9 ‘‘(d) Any person who commits an offense under sec10 tion 506(a)(1)(C) of title 17—

11 ‘‘(1) shall be imprisoned not more than 3 years,

12 fined under this title, or both;

13 ‘‘(2) shall be imprisoned not more than 5 years,

14 fined under this title, or both, if the offense was

15 committed for purposes of commercial advantage or

16 private financial gain;

17 ‘‘(3) shall be imprisoned not more than 6 years,

18 fined under this title, or both, if the offense is a sec19 ond or subsequent offense; and

20 ‘‘(4) shall be imprisoned not more than 10

21 years, fined under this title, or both, if the offense

22 is a second or subsequent offense under paragraph

23 (2).’’; and

24 (6) in subsection (f), as redesignated—
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1 (A) in paragraph (1), by striking ‘‘and’’ at

2 the end;

3 (B) in paragraph (2), by striking the pe4 riod at the end and inserting a semicolon; and

5 (C) by adding at the end the following:

6 ‘‘(3) the term ‘financial gain’ has the meaning

7 given the term in section 101 of title 17; and

8 ‘‘(4) the term ‘work being prepared for com9 mercial distribution’ has the meaning given the term

10 in section 506(a) of title 17.’’.

11 SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK

12 BEING PREPARED FOR COMMERCIAL DIS13 TRIBUTION.

14 (a) PREREGISTRATION.—Section 408 of title 17,

15 United States Code, is amended by adding at the end the

16 following:

17 ‘‘(f) PREREGISTRATION OF WORKS BEING PRE18 PARED FOR COMMERCIAL DISTRIBUTION.—

19 ‘‘(1) RULEMAKING.—Not later than 180 days

20 after the date of enactment of this subsection, the

21 Register of Copyrights shall issue regulations to es22 tablish procedures for preregistration of a work that

23 is being prepared for commercial distribution and

24 has not been published.
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1 ‘‘(2) CLASS OF WORKS.—The regulations estab2 lished under paragraph (1) shall permit

3 preregistration for any work that is in a class of

4 works that the Register determines has had a his5 tory of infringement prior to authorized commercial

6 distribution.

7 ‘‘(3) APPLICATION FOR REGISTRATION.—Not

8 later than 3 months after the first publication of a

9 work preregistered under this subsection, the appli10 cant shall submit to the Copyright Office—

11 ‘‘(A) an application for registration of the

12 work;

13 ‘‘(B) a deposit; and

14 ‘‘(C) the applicable fee.

15 ‘‘(4) EFFECT OF UNTIMELY APPLICATION.—An

16 action under this chapter for infringement of a work

17 preregistered under this subsection, in a case in

18 which the infringement commenced no later than 2

19 months after the first publication of the work, shall

20 be dismissed if the items described in paragraph (3)

21 are not submitted to the Copyright Office in proper

22 form within the earlier of—

23 ‘‘(A) 3 months after the first publication of

24 the work; or
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1 ‘‘(B) 1 month after the copyright owner

2 has learned of the infringement.’’.

3 (b) INFRINGEMENT ACTIONS.—Section 411(a) of

4 title 17, United States Code, is amended by inserting

5 ‘‘preregistration or’’ after ‘‘shall be instituted until’’.

6 (c) EXCLUSION.—Section 412 of title 17, United

7 States Code, is amended by inserting after ‘‘section

8 106A(a)’’ the following: ‘‘, an action for infringement of

9 the copyright of a work that has been preregistered under

10 section 408(f) before the commencement of the infringe11 ment and that has an effective date of registration not

12 later than the earlier of 3 months after the first publica13 tion of the work or 1 month after the copyright owner

14 has learned of the infringement,’’.

15 SEC. 105. FEDERAL SENTENCING GUIDELINES.

16 (a) REVIEW AND AMENDMENT.—Not later than 180

17 days after the date of enactment of this Act, the United

18 States Sentencing Commission, pursuant to its authority

19 under section 994 of title 28, United States Code, and

20 in accordance with this section, shall review and, if appro21 priate, amend the Federal sentencing guidelines and policy

22 statements applicable to persons convicted of intellectual

23 property rights crimes, including any offense under—

24 (1) section 506, 1201, or 1202 of title 17,

25 United States Code; or
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1 (2) section 2318, 2319, 2319A, 2319B, or 2320

2 of title 18, United States Code.

3 (b) AUTHORIZATION.—The United States Sentencing

4 Commission may amend the Federal sentencing guidelines

5 in accordance with the procedures set forth in section

6 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note)

7 as though the authority under that section had not ex8 pired.

9 (c) RESPONSIBILITIES OF UNITED STATES SEN10 TENCING COMMISSION.—In carrying out this section, the

11 United States Sentencing Commission shall—

12 (1) take all appropriate measures to ensure that

13 the Federal sentencing guidelines and policy state14 ments described in subsection (a) are sufficiently

15 stringent to deter, and adequately reflect the nature

16 of, intellectual property rights crimes;

17 (2) determine whether to provide a sentencing

18 enhancement for those convicted of the offenses de19 scribed in subsection (a), if the conduct involves the

20 display, performance, publication, reproduction, or

21 distribution of a copyrighted work before it has been

22 authorized by the copyright owner, whether in the

23 media format used by the infringing party or in any

24 other media format;
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1 (3) determine whether the scope of ‘‘uploading’’

2 set forth in application note 3 of section 2B5.3 of

3 the Federal sentencing guidelines is adequate to ad4 dress the loss attributable to people who, without au5 thorization, broadly distribute copyrighted works

6 over the Internet; and

7 (4) determine whether the sentencing guidelines

8 and policy statements applicable to the offenses de9 scribed in subsection (a) adequately reflect any harm

10 to victims from copyright infringement if law en11 forcement authorities cannot determine how many

12 times copyrighted material has been reproduced or

13 distributed.

14 TITLE II—EXEMPTION FROM IN15 FRINGEMENT FOR SKIPPING

16 AUDIO AND VIDEO CONTENT

17 IN MOTION PICTURES

18 SEC. 201. SHORT TITLE.

19 This title may be cited as the ‘‘Family Movie Act of

20 2005’’.

21 SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING

22 AUDIO AND VIDEO CONTENT IN MOTION PIC23 TURES.

24 (a) IN GENERAL.—Section 110 of title 17, United

25 States Code, is amended—
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1 (1) in paragraph (9), by striking ‘‘and’’ after

2 the semicolon at the end;

3 (2) in paragraph (10), by striking the period at

4 the end and inserting ‘‘; and’’;

5 (3) by inserting after paragraph (10) the fol6 lowing:

7 ‘‘(11) the making imperceptible, by or at the di8 rection of a member of a private household, of lim9 ited portions of audio or video content of a motion

10 picture, during a performance in or transmitted to

11 that household for private home viewing, from an

12 authorized copy of the motion picture, or the cre13 ation or provision of a computer program or other

14 technology that enables such making imperceptible

15 and that is designed and marketed to be used, at the

16 direction of a member of a private household, for

17 such making imperceptible, if no fixed copy of the

18 altered version of the motion picture is created by

19 such computer program or other technology.’’; and

20 (4) by adding at the end the following:

21 ‘‘For purposes of paragraph (11), the term ‘making

22 imperceptible’ does not include the addition of audio or

23 video content that is performed or displayed over or in

24 place of existing content in a motion picture.
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1 ‘‘Nothing in paragraph (11) shall be construed to

2 imply further rights under section 106 of this title, or to

3 have any effect on defenses or limitations on rights grant4 ed under any other section of this title or under any other

5 paragraph of this section.’’.

6 (b) EXEMPTION FROM TRADEMARK INFRINGE7 MENT.—Section 32 of the Trademark Act of 1946 (15

8 U.S.C. 1114) is amended by adding at the end the fol9 lowing:

10 ‘‘(3)(A) Any person who engages in the conduct de11 scribed in paragraph (11) of section 110 of title 17,

12 United States Code, and who complies with the require13 ments set forth in that paragraph is not liable on account

14 of such conduct for a violation of any right under this Act.

15 This subparagraph does not preclude liability, nor shall

16 it be construed to restrict the defenses or limitations on

17 rights granted under this Act, of a person for conduct not

18 described in paragraph (11) of section 110 of title 17,

19 United States Code, even if that person also engages in

20 conduct described in paragraph (11) of section 110 of

21 such title.

22 ‘‘(B) A manufacturer, licensee, or licensor of tech23 nology that enables the making of limited portions of

24 audio or video content of a motion picture imperceptible

25 as described in subparagraph (A) is not liable on account
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1 of such manufacture or license for a violation of any right

2 under this Act, if such manufacturer, licensee, or licensor

3 ensures that the technology provides a clear and con4 spicuous notice at the beginning of each performance that

5 the performance of the motion picture is altered from the

6 performance intended by the director or copyright holder

7 of the motion picture. The limitations on liability in sub8 paragraph (A) and this subparagraph shall not apply to

9 a manufacturer, licensee, or licensor of technology that

10 fails to comply with this paragraph.

11 ‘‘(C) The requirement under subparagraph (B) to

12 provide notice shall apply only with respect to technology

13 manufactured after the end of the 180-day period begin14 ning on the date of the enactment of the Family Movie

15 Act of 2005.

16 ‘‘(D) Any failure by a manufacturer, licensee, or li17 censor of technology to qualify for the exemption under

18 subparagraphs (A) and (B) shall not be construed to cre19 ate an inference that any such party that engages in con20 duct described in paragraph (11) of section 110 of title

21 17, United States Code, is liable for trademark infringe22 ment by reason of such conduct.’’.

23 (c) DEFINITION.—In this section, the term ‘‘Trade24 mark Act of 1946’’ means the Act entitled ‘‘An Act to

25 provide for the registration and protection of trademarks
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1 used in commerce, to carry out the provisions of certain

2 international conventions, and for other purposes’’, ap3 proved July 5, 1946 (15 U.S.C. 1051 et seq.).

4 TITLE III—NATIONAL FILM

5 PRESERVATION

6 Subtitle A—Reauthorization of the

7 National Film Preservation Board

8 SEC. 301. SHORT TITLE.

9 This subtitle may be cited as the ‘‘National Film

10 Preservation Act of 2005’’.

11 SEC. 302. REAUTHORIZATION AND AMENDMENT.

12 (a) DUTIES OF THE LIBRARIAN OF CONGRESS.—Sec13 tion 103 of the National Film Preservation Act of 1996

14 (2 U.S.C. 179m) is amended—

15 (1) in subsection (b)—

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

17 term appears and inserting ‘‘film or other ap18 proved copy’’;

19 (B) by striking ‘‘film copies’’ each place

20 that term appears and inserting ‘‘film or other

21 approved copies’’; and

22 (C) in the third sentence, by striking

23 ‘‘copyrighted’’ and inserting ‘‘copyrighted, mass

24 distributed, broadcast, or published’’; and

25 (2) by adding at the end the following:
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1 ‘‘(c) COORDINATION OF PROGRAM WITH OTHER

2 COLLECTION, PRESERVATION, AND ACCESSIBILITY AC3 TIVITIES.—In carrying out the comprehensive national

4 film preservation program for motion pictures established

5 under the National Film Preservation Act of 1992, the

6 Librarian, in consultation with the Board established pur7 suant to section 104, shall—

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

9 in the National Film registry more broadly acces10 sible for research and educational purposes, and to

11 generate public awareness and support of the Reg12 istry and the comprehensive national film preserva13 tion program;

14 ‘‘(2) review the comprehensive national film

15 preservation plan, and amend it to the extent nec16 essary to ensure that it addresses technological ad17 vances in the preservation and storage of, and access

18 to film collections in multiple formats; and

19 ‘‘(3) wherever possible, undertake expanded ini20 tiatives to ensure the preservation of the moving

21 image heritage of the United States, including film,

22 videotape, television, and born digital moving image

23 formats, by supporting the work of the National

24 Audio-Visual Conservation Center of the Library of
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1 Congress, and other appropriate nonprofit archival

2 and preservation organizations.’’.

3 (b) NATIONAL FILM PRESERVATION BOARD.—Sec4 tion 104 of the National Film Preservation Act of 1996

5 (2 U.S.C. 179n) is amended—

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

7 inserting ‘‘22’’;

8 (2) in subsection (a) (2) by striking ‘‘three’’

9 and inserting ‘‘5’’;

10 (3) in subsection (d) by striking ‘‘11’’ and in11 serting ‘‘12’’; and

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

13 following:

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

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

16 expenses, including per diem in lieu of subsistence, in ac17 cordance with sections 5702 and 5703 of title 5, United

18 States Code.’’.

19 (c) NATIONAL FILM REGISTRY.—Section 106 of the

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

21 is amended by adding at the end the following:

22 ‘‘(e) NATIONAL AUDIO-VISUAL CONSERVATION CEN23 TER.—The Librarian shall utilize the National Audio-Vis24 ual Conservation Center of the Library of Congress at

25 Culpeper, Virginia, to ensure that preserved films included
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1 in the National Film Registry are stored in a proper man2 ner, and disseminated to researchers, scholars, and the

3 public as may be appropriate in accordance with—

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

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

6 Librarian and persons who hold copyrights to such

7 audiovisual works.’’.

8 (d) USE OF SEAL.—Section 107 (a) of the National

9 Film Preservation Act of 1996 (2 U.S.C. 179q(a)) is

10 amended—

11 (1) in paragraph (1), by inserting ‘‘in any for12 mat’’ after ‘‘or any copy’’; and

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

14 and inserting ‘‘in any format’’.

15 (e) EFFECTIVE DATE.—Section 113 of the National

16 Film Preservation Act of 1996 (2 U.S.C. 179w) is amend17 ed by striking ‘‘7’’ and inserting ‘‘13’’.

18 Subtitle B—Reauthorization of the

19 National Film Preservation

20 Foundation

21 SEC. 311. SHORT TITLE.

22 This subtitle may be cited as the ‘‘National Film

23 Preservation Foundation Reauthorization Act of 2005’’.
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1 SEC. 312. REAUTHORIZATION AND AMENDMENT.

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

3 36, United States Code, is amended—

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

5 and inserting ‘‘12’’; and

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

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

8 the number of terms to which any individual may be

9 appointed.’’.

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

11 States Code, is amended in subsection (b) by striking

12 ‘‘District of Columbia’’ and inserting ‘‘the jurisdiction in

13 which the principal office of the corporation is located’’.

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

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

16 place as determined by the board of directors’’ after ‘‘Dis17 trict of Columbia’’.

18 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

19 151711 of title 36, United States Code, is amended by

20 striking subsections (a) and (b) and inserting the fol21 lowing:

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

23 are authorized to be appropriated to the Library of Con24 gress amounts necessary to carry out this chapter, not to

25 exceed $530,000 for each of the fiscal years 2005 through

26 2009. These amounts are to be made available to the cor-
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1 poration to match any private contributions (whether in

2 currency, services, or property) made to the corporation

3 by private persons and State and local governments.

4 ‘‘(b) LIMITATION RELATED TO ADMINISTRATIVE EX5 PENSES.—Amounts authorized under this section may not

6 be used by the corporation for management and general

7 or fundraising expenses as reported to the Internal Rev8 enue Service as part of an annual information return re9 quired under the Internal Revenue Code of 1986.’’.

10 TITLE IV—PRESERVATION OF

11 ORPHAN WORKS

12 SEC. 401. SHORT TITLE.

13 This title may be cited as the ‘‘Preservation of Or14 phan Works Act’’.

15 SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LI16 BRARIES AND ARCHIVES.

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

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

19 and (h)’’.

Passed the Senate February 1, 2005.

Attest:

Secretary.
109TH CONGRESS

1ST SESSION S. 167

AN ACT

To provide for the protection of intellectual

property rights, and for other purposes.