§ 1703. — Seal of the National Recording Registry.
[Laws in effect as of January 7, 2003]
[Document not affected by Public Laws enacted between
January 7, 2003 and December 19, 2003]
[CITE: 2USC1703]
TITLE 2--THE CONGRESS
CHAPTER 27--SOUND RECORDING PRESERVATION BY THE LIBRARY OF CONGRESS
SUBCHAPTER I--NATIONAL RECORDING REGISTRY
Sec. 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) of this section, 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) of this section
with respect to a sound recording shall be effective beginning on the
date the Librarian publishes in the Federal Register (in accordance with
section 1702(b) of this title) the name of the recording, as selected
for inclusion in the National Recording Registry.
(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) of this section 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) of this
section.
(2) Prohibition on promotion
No person may knowingly use the seal described in subsection (a)
of this section 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) of this section.
(2) Relief
(A) Removal of seal
Except as provided in subparagraph (B), relief for violation
of subsection (d) of this section 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) of this section, 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) of this
section.
(Pub. L. 106-474, title I, Sec. 103, Nov. 9, 2000, 114 Stat. 2086.)
