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§ 170. —  American Television and Radio Archives.

[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
  January 24, 2002 and December 19, 2002]
[CITE: 2USC170]

                          TITLE 2--THE CONGRESS
                     CHAPTER 5--LIBRARY OF CONGRESS
Sec. 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    published and unpublished transmission programs--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 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 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 
        (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,

    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 

    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''.

(Pub. L. 94-553, title I, Sec. 113, Oct. 19, 1976, 90 Stat. 2601.)

                             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.

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