SUBCHAPTER I—NATIONAL RECORDING REGISTRY
§1701. National Recording Registry of the Library of Congress
The Librarian of Congress shall establish the National Recording Registry for the purpose of maintaining and preserving sound recordings that are culturally, historically, or aesthetically significant.
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Statutory Notes and Related Subsidiaries
Short Title
§1702. Duties of Librarian of Congress
(a) Establishment of criteria and procedures
For purposes of carrying out this subchapter, the Librarian shall—
(1) establish criteria and procedures under which sound recordings may be included in the National Recording Registry, except that no sound recording shall be eligible for inclusion in the National Recording Registry until 10 years after the recording's creation;
(2) establish procedures under which the general public may make recommendations to the National Recording Preservation Board established under subchapter III regarding the inclusion of sound recordings in the National Recording Registry; and
(3) determine which sound recordings satisfy the criteria established under paragraph (1) and select such recordings for inclusion in the National Recording Registry.
(b) Publication of sound recordings in the Registry
The Librarian shall publish in the Federal Register the name of each sound recording that is selected for inclusion in the National Recording Registry.
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§1703. Seal of the National Recording Registry
(a) In general
The Librarian shall provide a seal to indicate that a sound recording has been included in the National Recording Registry and is the Registry version of that recording.
(b) Use of seal
The Librarian shall establish guidelines for approval of the use of the seal provided under subsection (a), and shall include in the guidelines the following:
(1) The seal may only be used on recording copies of the Registry version of a sound recording.
(2) The seal may be used only after the Librarian has given approval to those persons seeking to apply the seal in accordance with the guidelines.
(3) In the case of copyrighted mass distributed, broadcast, or published works, only the copyright legal owner or an authorized licensee of that copyright owner may place or authorize the placement of the seal on any recording copy of the Registry version of any sound recording that is maintained in the National Recording Registry Collection in the Library of Congress.
(4) Anyone authorized to place the seal on any recording copy of any Registry version of a sound recording may accompany such seal with the following language: "This sound recording is selected for inclusion in the National Recording Registry by the Librarian of Congress in consultation with the National Recording Preservation Board of the Library of Congress because of its cultural, historical, or aesthetic significance.".
(c) Effective date of the seal
The use of the seal provided under subsection (a) with respect to a sound recording shall be effective beginning on the date the Librarian publishes in the Federal Register (in accordance with
(d) Prohibited uses of the seal
(1) Prohibition on distribution and exhibition
No person may knowingly distribute or exhibit to the public a version of a sound recording or any copy of a sound recording which bears the seal described in subsection (a) if such recording—
(A) is not included in the National Recording Registry; or
(B) is included in the National Recording Registry but has not been approved for use of the seal by the Librarian pursuant to the guidelines established under subsection (b).
(2) Prohibition on promotion
No person may knowingly use the seal described in subsection (a) to promote any version of a sound recording or recording copy other than a Registry version.
(e) Remedies for violations
(1) Jurisdiction
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (d).
(2) Relief
(A) Removal of seal
Except as provided in subparagraph (B), relief for violation of subsection (d) shall be limited to the removal of the seal from the sound recording involved in the violation.
(B) Fine and injunctive relief
In the case of a pattern or practice of the willful violation of subsection (d), the court may order a civil fine of not more than $10,000 and appropriate injunctive relief.
(3) Limitation of remedies
The remedies provided in this subsection shall be the exclusive remedies under this chapter, or any other Federal or State law, regarding the use of the seal described in subsection (a).
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§1704. National Recording Registry Collection of the Library of Congress
(a) In general
All copies of sound recordings on the National Recording Registry that are received by the Librarian under subsection (b) shall be maintained in the Library of Congress and be known as the "National Recording Registry Collection of the Library of Congress". The Librarian shall by regulation and in accordance with title 17 provide for reasonable access to the sound recordings and other materials in such collection for scholarly and research purposes.
(b) Acquisition of quality copies
(1) In general
The Librarian shall seek to obtain, by gift from the owner, a quality copy of the Registry version of each sound recording included in the National Recording Registry.
(2) Limit on number of copies
Not more than one copy of the same version or take of any sound recording may be preserved in the National Recording Registry. Nothing in the preceding sentence may be construed to prohibit the Librarian from making or distributing copies of sound recordings included in the Registry for purposes of carrying out this Act.
(c) Property of United States
All copies of sound recordings on the National Recording Registry that are received by the Librarian under subsection (b) shall become the property of the United States Government, subject to the provisions of title 17.
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Editorial Notes
References in Text
This Act, referred to in subsec. (b)(2), is