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2 U.S.C. § 170 — American Television and Radio Archives

Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 170 — American Television and Radio Archives

**(a) Establishment and maintenance in Library of Congress; purpose; determination of composition, cataloging, indexing and availability by Librarian** The Librarian of Congress (hereinafter referred to as the “Librarian”) shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives (hereinafter referred to as the “Archives”). The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement. (1) The Librarian, after consultation with interested organizations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other countries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs— (A) acquired in accordance with sections 407 and 408 of title 17; and (B) transferred from the existing collections of the Library of Congress; and (C) given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and (D) purchased from the owner thereof. (2) The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section. **(b) Reproduction, compilation, and distribution for research of regularly scheduled newscasts

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Source file: Laws/federal/codes/united-states-code/title-2/section-170-american-television-and-radio-archives--e22ce7681c.md
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Source location: Title 2, Chapter 5, § 170; chapter-005-library-of-congress.md

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**(a) Establishment and maintenance in Library of Congress; purpose; determination of composition, cataloging, indexing and availability by Librarian** The Librarian of Congress (hereinafter referred to as the “Librarian”) shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives (hereinafter referred to as the “Archives”). The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement. (1) The Librarian, after consultation with interested organizations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other countries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs— (A) acquired in accordance with sections 407 and 408 of title 17; and (B) transferred from the existing collections of the Library of Congress; and (C) given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and (D) purchased from the owner thereof. (2) The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section. **(b) Reproduction, compilation, and distribution for research of regularly scheduled newscasts or on-the-spot coverage of news events by Librarian; promulgation of regulations** Notwithstanding the provisions of [section 106 of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section106&num=0&edition=prelim), the Librarian is authorized with respect to a transmission program which consists of a regularly scheduled newscast or on-the-spot coverage of news events and, under standards and conditions that the Librarian shall prescribe by regulation— (1) to reproduce a fixation of such a program, in the same or another tangible form, for the purposes of preservation or security or for distribution under the conditions of clause (3) of this subsection; and (2) to compile, without abridgment or any other editing, portions of such fixations according to subject matter, and to reproduce such compilations for the purpose of clause (1) of this subsection; and (3) to distribute a reproduction made under clause (1) or (2) of this subsection— (A) by loan to a person engaged in research; and (B) for deposit in a library or archives which meets the requirements of [section 108(a) of title 17](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title17-section108/a&num=0&edition=prelim), in either case for use only in research and not for further reproduction or performance. **(c) Liability for copyright infringement by Librarian or any employee of Librarian** The Librarian or any employee of the Library who is acting under the authority of this section shall not be liable in any action for copyright infringement committed by any other person unless the Librarian or such employee knowingly participated in the act of infringement committed by such person. Nothing in this section shall be construed to excuse or limit liability under title 17 for any act not authorized by that title or this section, or for any act performed by a person not authorized to act under that title or this section. **(d) Short title** This section may be cited as the “American Television and Radio Archives Act”.

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 101 — Definitions

Except as otherwise provided in this title, as used in this title, the following terms and their variant forms mean the following:

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 106 — Exclusive rights in copyrighted works

Subject to sections 107 through 122, the owner of copyright under this title has the exclusive rights to do and to authorize any of the following: (1) to reproduce the copyrighted work in copies or phonorecords; (2) to prepare derivative works based upon the copyrighted work; (3) to distribute copies or phonorecords of the copyrighted work to the public by sale or other transfer of ownership, or by rental, lease, or lending; (4) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and motion pictures and other audiovisual works, to perform the copyrighted work publicly; (5) in the case of literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works, including the individual images of a motion picture or other audiovisual work, to display the copyrighted work publicly; and (6) in the case of sound recordings, to perform the copyrighted work publicly by means of a digital audio transmission.

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Federal law — U.S. Code and appendices · legal_authorities

17 U.S.C. § 108 — Limitations on exclusive rights: Reproduction by libraries and archives

**(a)** Except as otherwise provided in this title and notwithstanding the provisions of section 106, it is not an infringement of copyright for a library or archives, or any of its employees acting within the scope of their employment, to reproduce no more than one copy or phonorecord of a work, except as provided in subsections (b) and (c), or to distribute such copy or phonorecord, under the conditions specified by this section, if— (1) the reproduction or distribution is made without any purpose of direct or indirect commercial advantage; (2) the collections of the library or archives are (i) open to the public, or (ii) available not only to researchers affiliated with the library or archives or with the institution of which it is a part, but also to other persons doing research in a specialized field; and (3) the reproduction or distribution of the work includes a notice of copyright that appears on the copy or phonorecord that is reproduced under the provisions of this section, or includes a legend stating that the work may be protected by copyright if no such notice can be found on the copy or phonorecord that is reproduced under the provisions of this section. **(b)** The rights of reproduction and distribution under this section apply to three copies or phonorecords of an unpublished work duplicated solely for purposes of preservation and security or for deposit for research use in another library or archives of the type described by clause (2) of subsection (a), if— (1) the copy or phonorecord reproduced is currently in the collections of the library or archives; and (2) any such copy or phonorecord that is reproduced in digital format is not otherwise distributed in that format and is not made available to the public in that format outside the premises

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Federal law — U.S. Code and appendices · legal_authorities

2 U.S.C. § 170 — American Television and Radio Archives

Page 89 TITLE 2—THE CONGRESS § 170 Editorial Notes PRIOR PROVISIONS Provisions similar to those in this section were con- tained in the following prior appropriation acts: Oct. 2, 1982, Pub. L. 97–276, § 101(e) [S. 2939, title II, § 202], 96 Stat. 1189. Oct. 1, 1981, Pub. L. 97–51, § 101(c) [H.R. 4120, title II, § 202], 95 Stat. 959. Dec. 16, 1980, Pub. L. 96–536, § 101(c) [H.R. 7593, title II, § 202], 94 Stat. 3167. Oct. 12, 1979, Pub. L. 96–86, § 101(c) [H.R. 4390, title II, § 202], 93 Stat. 657. Sept. 30, 1978, Pub. L. 95–391, title II, § 202, 92 Stat. 785. Aug. 5, 1977, Pub. L. 95–94, title II, § 202, 91 Stat. 677. Oct. 1, 1976, Pub. L. 94–440, title VIII, § 802, 90 Stat. 1457. July 25, 1975, Pub. L. 94–59, title VII, § 702, 89 Stat. 294. Aug. 13, 1974, Pub. L. 93–371, 88 Stat. 441. Nov. 1, 1973, Pub. L. 93–145, 87 Stat. 547. July 10, 1972, Pub. L. 92–342, 86 Stat. 446. July 9, 1971, Pub. L. 92–51, 85 Stat. 141. Aug. 18, 1970, Pub. L. 91–382, 84 Stat. 823. Dec. 12, 1969, Pub. L. 91–145, 83 Stat. 357. July 23, 1968, Pub. L. 90–417, 82 Stat. 411. July 28, 1967, Pub. L. 90–57, 81 Stat. 140. Aug. 27, 1966, Pub. L. 89–545, 80 Stat. 368. July 27, 1965, Pub. L. 89–90, 79 Stat. 280. Aug. 20, 1964, Pub. L. 88–454, 78 Stat. 548. Dec. 30, 1963, Pub. L. 88–248, 77 Stat. 816. Oct. 2, 1962, Pub. L. 87–730, 76 Stat. 692. Aug. 10, 1961, Pub. L. 87–130, 75 Stat. 333. July 12, 1960, Pub. L. 86–628, 74 Stat. 459. Aug. 21, 1959, Pub. L. 86–176, 73 Stat. 411. July 31, 1958, Pub. L. 85–570, 72 Stat. 452. July 1, 1957, Pub. L. 85–75, 71 Stat. 255. June 27, 1956, ch. 453, 70 Stat. 368. Aug. 5, 1955, ch. 568, 69 Stat. 518. July 2, 1954, ch. 455, 68 Stat. 408. Aug. 1, 1953, ch. 304, 67 Stat. 330. July 9, 1952, ch. 598, 66 Stat. 476. Oct. 11, 1951, ch. 4

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