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. 485, 65 Stat. 400. Sept. 6, 1950, ch. 896, Ch. II, 64 Stat. 606. June 22, 1949, ch. 235, 63 Stat. 228. June 14, 1948, ch. 467, 62 Stat. 434. July 17, 1947, ch. 262, 61 Stat. 374. July 1, 1946, ch. 530, 60 Stat. 405. June 13, 1945, ch. 189, 59 Stat. 256. June 26, 1944, ch. 277, 58 Stat. 351. June 28, 1943, ch. 173, 57 Stat. 236. § 170. American Television and Radio Archives (a) Establishment and maintenance in Library of Congress; purpose; determination of com- position, cataloging, indexing and avail- ability by Librarian The Librarian of Congress (hereinafter re- ferred 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 ‘‘Ar- chives’’). 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 schol- ars without encouraging or causing copyright infringement. (1) The Librarian, after consultation with in- terested organizations and individuals, shall determine and place in the Archives such cop- ies 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 in- terest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and un- published transmission programs— (A) acquired in accordance with sections 407 and 408 of title 17; and (B) transferred from the existing collec- tions of the Library of Congress; and (C) given to or exchanged with the Ar- chives by other libraries, archives, organiza- tions, and individuals; and (D) purchased from the owner thereof. (2) The Librarian shall maintain and publish appropriate catalogs and indexes of the collec- tions of the Archives, and shall make such col- lections available for study and research under the conditions prescribed under this section. (b) Reproduction, compilation, and distribution for research of regularly scheduled news- casts or on-the-spot coverage of news events by Librarian; promulgation of regulations Notwithstanding the provisions of section 106 of title 17, the Librarian is authorized with re- spect 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 pre- scribe by regulation— (1) to reproduce a fixation of such a pro- gram, 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 ac- cording 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 re- search; and (B) for deposit in a library or archives which meets the requirements of section 108(a) of title 17, in either case for use only in research and not for further reproduction or performance. (c) Liability for copyright infringement by Li- brarian 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 know- ingly participated in the act of infringement committed by such person. Nothing in this sec- tion shall be construed to excuse or limit liabil- ity under title 17 for any act not authorized by that title or this section, or for any act per- formed 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’’. (Pub. L. 94–553, title I, § 113, Oct. 19, 1976, 90 Stat. 2601.) Page 90 TITLE 2—THE CONGRESS § 171 Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section effective Jan. 1, 1978, see section 102 of Pub. L. 94–553, set out as a note preceding section 101 of Title 17, Copyrights. § 171. Congressional declaration of findings and purpose as to Center for the Book The Congress hereby finds and declares— (1) that the Congress of the United States on April 24, 1800, established for itself a library of the Congress; (2) that in 1815, the Congress purchased the personal library of the third President of the United States which contained materials on every science known to man and described such a collection as a ‘‘substratum of a great national library’’; (3) that the Congress of the United States in recognition of the importance of printing and its impact on America purchased the Guten- berg Bible in 1930 for the Nation for placement in the Library of Congress; (4) that the Congress of the United States has through statute and appropriations made this library accessible to any member of the public; (5) that this collection of books and other li- brary materials has now become one of the greatest libraries in civilization; (6) that the book and the printed word have had the most profound influence on American civilization and learning and have been the very foundation on which our democratic prin- ciples have survived through our two hundred- year history; (7) that in the year 1977, the Congress of the United States assembled hereby declares its reaffirmation of the importance of the printed word and the book and recognizes the impor- tance of a Center for the Book to the contin- ued study and development of written record as central to our understanding of ourselves and our world. It is therefore the purpose of sections 171 to 175 of this title to establish a Center for the Book in the Library of Congress to provide a program for the investigation of the transmission of human knowledge and to heighten public interest in the role of books and printing in the diffusion of this knowledge. (Pub. L. 95–129, § 1, Oct. 13, 1977, 91 Stat. 1151.) § 172. Definitions As used in sections 171 to 175 of this title— (1) the term Center means the Center for the Book; (2) the term Librarian means the Librarian of Congress. (Pub. L. 95–129, § 2, Oct. 13, 1977, 91 Stat. 1151.) § 173. Establishment of Center for the Book There is hereby established in the Library of Congress a Center for the Book. The Center shall be under the direction of the Librarian of Congress. (Pub. L. 95–129, § 3, Oct. 13, 1977, 91 Stat. 1151.) § 174. Function of Center for the Book The Librarian through the Center shall stimu- late public interest and research in the role of the book in the diffusion of knowledge through such activities as a visiting scholar program ac- companied by lectures, exhibits, publications, and any other related activities. (Pub. L. 95–129, § 4, Oct. 13, 1977, 91 Stat. 1152.) § 175. Administrative provisions The Librarian of Congress, in carrying out the Center’s functions, is authorized to— (1) prescribe such regulations as he deems necessary; (2) receive money and other property do- nated, bequeathed, or devised for the purposes of the Center, and to use, sell, or otherwise dispose of such property for the purposes of carrying out the Center’s functions, without reference to Federal disposal statutes; and (3) accept and utilize the services of vol- untary and noncompensated personnel and re- imburse them for travel expenses, including per diem, as authorized by section 5703 of title 5. (Pub. L. 95–129, § 5, Oct. 13, 1977, 91 Stat. 1152.) § 176. Mass Book Deacidification Facility; oper- ation by Librarian of Congress Notwithstanding any other provision of law, the Librarian of Congress shall equip, furnish, operate, and maintain the Library of Congress Mass Book Deacidification Facility. (Pub. L. 98–427, § 2, Sept. 28, 1984, 98 Stat. 1656.) Statutory Notes and Related Subsidiaries AUTHORIZATION TO CONSTRUCT FACILITY Pub. L. 98–427, § 1, Sept. 28, 1984, 98 Stat. 1656, pro- vided: ‘‘That the Librarian of Congress is authorized and directed, subject to the supervision and construc- tion authority of a Federal civilian or military agency, to construct the Library of Congress Mass Book De- acidification Facility in accordance with the general design developed by the Library of Congress and re- viewed by the Architect of the Capitol, as set forth in the document entitled ‘Library of Congress Mass Book Deacidification Facility, Engineering, Design, and Cost Estimate and Drawings’, dated December 1983. Such fa- cility shall be constructed on Federal property within seventy-five miles of the United States Capitol Build- ing.’’ AUTHORIZATION OF APPROPRIATION Pub. L. 98–427, § 3, Sept. 28, 1984, 98 Stat. 1656, provided that: ‘‘There are authorized to be appropriated for fis- cal years beginning after September 30, 1983, sums not to exceed $11,500,000 to carry out the provisions of this Act [enacting this section and a provision set out as a note under this section].’’ § 177. Poet Laureate Consultant in Poetry (a) Recognition The Congress recognizes that the Consultant in Poetry to the Library of Congress has for some time occupied a position of prominence in the life of the Nation, has spoken effectively for literary causes, and has occasionally performed duties and functions sometimes associated with the position of poet laureate in other nations