‘‘(2) CLASS OF WORKS.—The regulations estab-
lished 
under 
paragraph 
(1) 
shall 
permit 
preregistration for any work that is in a class of 
works that the Register determines has had a his-
tory of infringement prior to authorized commercial 
distribution. 
‘‘(3) APPLICATION
FOR
REGISTRATION.—Not 
later than 3 months after the first publication of a 
work preregistered under this subsection, the appli-
cant shall submit to the Copyright Office— 
‘‘(A) an application for registration of the 
work; 
‘‘(B) a deposit; and 
‘‘(C) the applicable fee. 
‘‘(4) EFFECT OF UNTIMELY APPLICATION.—An 
action under this chapter for infringement of a work 
preregistered under this subsection, in a case in 
which the infringement commenced no later than 2 
months after the first publication of the work, shall 
be dismissed if the items described in paragraph (3) 
are not submitted to the Copyright Office in proper 
form within the earlier of— 
‘‘(A) 3 months after the first publication of 
the work; or
‘‘(B) 1 month after the copyright owner 
has learned of the infringement.’’. 
(b) INFRINGEMENT ACTIONS.—Section 411(a) of 
title 17, United States Code, is amended by inserting 
‘‘preregistration or’’ after ‘‘shall be instituted until’’. 
(c) EXCLUSION.—Section 412 of title 17, United 
States Code, is amended by inserting after ‘‘section 
106A(a)’’ the following: ‘‘, an action for infringement of 
the copyright of a work that has been preregistered under 
section 408(f) before the commencement of the infringe-
ment and that has an effective date of registration not 
later than the earlier of 3 months after the first publica-
tion of the work or 1 month after the copyright owner 
has learned of the infringement,’’. 
SEC. 105. FEDERAL SENTENCING GUIDELINES. 
(a) REVIEW AND AMENDMENT.—Not later than 180 
days after the date of enactment of this Act, the United 
States Sentencing Commission, pursuant to its authority 
under section 994 of title 28, United States Code, and 
in accordance with this section, shall review and, if appro-
priate, amend the Federal sentencing guidelines and policy 
statements applicable to persons convicted of intellectual 
property rights crimes, including any offense under— 
(1) section 506, 1201, or 1202 of title 17, 
United States Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 
of title 18, United States Code. 
(b) AUTHORIZATION.—The United States Sentencing 
Commission may amend the Federal sentencing guidelines 
in accordance with the procedures set forth in section 
21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) 
as though the authority under that section had not ex-
pired. 
(c) RESPONSIBILITIES
OF UNITED STATES SEN-
TENCING COMMISSION.—In carrying out this section, the 
United States Sentencing Commission shall— 
(1) take all appropriate measures to ensure that 
the Federal sentencing guidelines and policy state-
ments described in subsection (a) are sufficiently 
stringent to deter, and adequately reflect the nature 
of, intellectual property rights crimes; 
(2) determine whether to provide a sentencing 
enhancement for those convicted of the offenses de-
scribed in subsection (a), if the conduct involves the 
display, performance, publication, reproduction, or 
distribution of a copyrighted work before it has been 
authorized by the copyright owner, whether in the 
media format used by the infringing party or in any 
other media format;
(3) determine whether the scope of ‘‘uploading’’ 
set forth in application note 3 of section 2B5.3 of 
the Federal sentencing guidelines is adequate to ad-
dress the loss attributable to people who, without au-
thorization, broadly distribute copyrighted works 
over the Internet; and 
(4) determine whether the sentencing guidelines 
and policy statements applicable to the offenses de-
scribed in subsection (a) adequately reflect any harm 
to victims from copyright infringement if law en-
forcement authorities cannot determine how many 
times copyrighted material has been reproduced or 
distributed. 
TITLE II—EXEMPTION FROM IN-
FRINGEMENT FOR SKIPPING 
AUDIO AND VIDEO CONTENT 
IN MOTION PICTURES 
SEC. 201. SHORT TITLE. 
This title may be cited as the ‘‘Family Movie Act of 
2005’’. 
SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING 
AUDIO AND VIDEO CONTENT IN MOTION PIC-
TURES. 
(a) IN GENERAL.—Section 110 of title 17, United 
States Code, is amended—
(1) in paragraph (9), by striking ‘‘and’’ after 
the semicolon at the end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; 
(3) by inserting after paragraph (10) the fol-
lowing: 
‘‘(11) the making imperceptible, by or at the di-
rection of a member of a private household, of lim-
ited portions of audio or video content of a motion 
picture, during a performance in or transmitted to 
that household for private home viewing, from an 
authorized copy of the motion picture, or the cre-
ation or provision of a computer program or other 
technology that enables such making imperceptible 
and that is designed and marketed to be used, at the 
direction of a member of a private household, for 
such making imperceptible, if no fixed copy of the 
altered version of the motion picture is created by 
such computer program or other technology.’’; and 
(4) by adding at the end the following: 
‘‘For purposes of paragraph (11), the term ‘‘making 
imperceptible’’ does not include the addition of audio or 
video content that is performed or displayed over or in 
place of existing content in a motion picture.
‘‘Nothing in paragraph (11) shall be construed to 
imply further rights under section 106 of this title, or to 
have any effect on defenses or limitations on rights grant-
ed under any other section of this title or under any other 
paragraph of this section.’’. 
(b) EXEMPTION
FROM
TRADEMARK
INFRINGE-
MENT.—Section 32 of the Trademark Act of 1946 (15 
U.S.C. 1114) is amended by adding at the end the fol-
lowing: 
‘‘(3)(A) Any person who engages in the conduct de-
scribed in paragraph (11) of section 110 of title 17, 
United States Code, and who complies with the require-
ments set forth in that paragraph is not liable on account 
of such conduct for a violation of any right under this Act. 
This subparagraph does not preclude liability, nor shall 
it be construed to restrict the defenses or limitations on 
rights granted under this Act, of a person for conduct not 
described in paragraph (11) of section 110 of title 17, 
United States Code, even if that person also engages in 
conduct described in paragraph (11) of section 110 of 
such title. 
‘‘(B) A manufacturer, licensee, or licensor of tech-
nology that enables the making of limited portions of 
audio or video content of a motion picture imperceptible 
as described in subparagraph (A) is not liable on account
of such manufacture or license for a violation of any right 
under this Act, if such manufacturer, licensee, or licensor 
ensures that the technology provides a clear and con-
spicuous notice at the beginning of each performance that 
the performance of the motion picture is altered from the 
performance intended by the director or copyright holder 
of the motion picture. The limitations on liability in sub-
paragraph (A) and this subparagraph shall not apply to 
a manufacturer, licensee, or licensor of technology that 
fails to comply with this paragraph. 
‘‘(C) The requirement under subparagraph (B) to 
provide notice shall apply only with respect to technology 
manufactured after the end of the 180-day period begin-
ning on the date of the enactment of the Family Movie 
Act of 2005. 
‘‘(D) Any failure by a manufacturer, licensee, or li-
censor of technology to qualify for the exemption under 
subparagraphs (A) and (B) shall not be construed to cre-
ate an inference that any such party that engages in con-
duct described in paragraph (11) of section 110 of title 
17, United States Code, is liable for trademark infringe-
ment by reason of such conduct.’’. 
(c) DEFINITION.—In this section, the term ‘‘Trade-
mark Act of 1946’’ means the Act entitled ‘‘An Act to 
provide for the registration and protection of trademarks
used in commerce, to carry out the provisions of certain 
international conventions, and for other purposes’’, ap-
proved July 5, 1946 (15 U.S.C. 1051 et seq.). 
TITLE III—NATIONAL FILM 
PRESERVATION 
Subtitle A—Reauthorization of the 
National Film Preservation Board 
SEC. 301. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Film 
Preservation Act of 2005’’. 
SEC. 302. REAUTHORIZATION AND AMENDMENT. 
(a) DUTIES OF THE LIBRARIAN OF CONGRESS.—Sec-
tion 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 ap-
proved 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 AC-
TIVITIES.—In carrying out the comprehensive national 
film preservation program for motion pictures established 
under the National Film Preservation Act of 1992, the 
Librarian, in consultation with the Board established pur-
suant to section 104, shall— 
‘‘(1) carry out activities to make films included 
in the National Film registry more broadly acces-
sible for research and educational purposes, and to 
generate public awareness and support of the Reg-
istry and the comprehensive national film preserva-
tion program; 
‘‘(2) review the comprehensive national film 
preservation plan, and amend it to the extent nec-
essary to ensure that it addresses technological ad-
vances in the preservation and storage of, and access 
to film collections in multiple formats; and 
‘‘(3) wherever possible, undertake expanded ini-
tiatives 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.—Sec-
tion 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 in-
serting ‘‘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 ac-
cordance with sections 5702 and 5703 of title 5, United 
States Code.’’. 
(c) 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 CEN-
TER.—The Librarian shall utilize the National Audio-Vis-
ual 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 man-
ner, 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.’’. 
(d) USE OF SEAL.—Section 107(a) of the National 
Film Preservation Act of 1996 (2 U.S.C. 179q(a)) is 
amended— 
(1) in paragraph (1), by inserting ‘‘in any for-
mat’’ after ‘‘or any copy’’; and 
(2) in paragraph (2), by striking ‘‘or film copy’’ 
and inserting ‘‘in any format’’. 
(e) EFFECTIVE DATE.—Section 113 of the National 
Film Preservation Act of 1996 (2 U.S.C. 179w) is amend-
ed by striking ‘‘7’’ and inserting ‘‘12’’. 
Subtitle B—Reauthorization of the 
National 
Film 
Preservation 
Foundation 
SEC. 311. SHORT TITLE. 
This subtitle may be cited as the ‘‘National Film 
Preservation Foundation Reauthorization Act of 2005’’.
SEC. 312. 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 of title 36, United 
States Code, is amended in subsection (b) 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 ‘‘Dis-
trict 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 fol-
lowing: 
‘‘(a) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Library of Con-
gress amounts necessary to carry out this chapter, not to 
exceed $530,000 for each of the fiscal years 2005 through 
2009. These amounts are to be made available to the cor-
poration 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 EX-
PENSES.—Amounts authorized under this section may not 
be used by the corporation for management and general 
or fundraising expenses as reported to the Internal Rev-
enue Service as part of an annual information return re-
quired under the Internal Revenue Code of 1986.’’. 
TITLE IV—PRESERVATION OF 
ORPHAN WORKS 
SEC. 401. SHORT TITLE. 
This title may be cited as the ‘‘Preservation of Or-
phan Works Act’’. 
SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LI-
BRARIES AND ARCHIVES. 
Section 108(i) of title 17, United States Code, is 
amended by striking ‘‘(b) and (c)’’ and inserting ‘‘(b), (c), 
and (h)’’. 
Æ