[Videolib] Legislative Updates: Film Prez and Copyright Section 108

Oksana Dykyj (oksana@vax2.concordia.ca)
Tue, 23 Nov 2004 10:12:29 -0500

I'm forwarding this information.


The "National Film Preservation Act of 2004" and the "Preservation of
Orphan Works Act of 2004" (which corrects a technical error in Section
108 of the U.S. Copyright Law) have had rather intriguing legislative
odysseys during the 108th Congress. I believe the film preservation
bill has been attached to/been part of six different other bills, the
"Orphan" bill at least 3 bills.

Some recent, very positive developments. After resolving numerous
matters relating to (among other issues) intellectual property and
boxing, on Saturday, November 21, Senator Orrin Hatch R-UT and Senator
Patrick Leahy (D-VT) introduced S 3021 the "Family Entertainment and
Copyright Act of 2004." The United States Senate passed S.3021 by
unanimous consent the same day. This bill as passed by the Senate
includes the film preservation legislation and the orphan works
Though the House of Representatives has already passed many of the
provisions in S.3021, it will need to pass the bill once again (to iron
out minor differences in versions passed by the House and Senate) in
order for the bill to become law. Keep your fingers crossed! You can
find a copy of S.3021 at:

S.3021 as passed reauthorizes the National Film Preservation Board, and
authorizes federal funding for the National Film Preservation Foundation
of $530,000 per year through 2008.

Below are the floor remarks made by Senator Orrin Hatch on film
preservation and the orphans legislation.

Senator Orrin Hatch, 11/21/2004, Congressional Record

Mr. HATCH. Mr. President, I commend my esteemed colleagues in the
Senate for passing S. 3021, the Family Entertainment and Copyright Act
of 2004, which I introduced today with the senior Senator from Vermont.
This important legislation is actually a package of several smaller
intellectual property bills that the House and Senate have been working
to enact over the past 2 years.

Title III of this Act, the National Film Preservation Act of 2004, will
reauthorize the National Film Preservation Board and the National Film
Preservation Foundation. These entities have worked successfully to
recognize and preserve historically or culturally significant films,
often by providing the grants and expertise that enable local historical
societies to protect and preserve historically significant films for the
local communities for which they are most important. This fine work will
ensure that the history of the 20th century will be preserved and
available to future generations. As a conservative Senator from a
socially-conservative-state, I occasionally take a few swings at the
movie industry for the quality and content of the motion pictures they
are currently creating, but I will note for the record that I commend
efforts to ensure that important artistic, cultural, and
historically-significant films are preserved for future generations, and
I commend the Senator from Vermont for his perseverance in reauthorizing
federal funds to continue this important effort.
Title IV of this Act, the Preservation of Orphan Works Act, also
ensures the preservation of valuable historic records by correcting a
technical error that unnecessarily narrows a limitation on the copyright
law applicable to librarians and archivists. This will strengthen the
ability of librarians and archivists to better meet the needs of both
researchers and ordinary individuals and will result in greater
accessibility of important works. I applaud my colleague in the House,
Representative HOWARD BERMAN of California, for his efforts on this bill
and am pleased to see it included in this Senate package.
Before I close, I thank all my colleagues and their staff who made
passage of this bill today possible. In particular, I commend staff of
both Judiciary Committees, including my own staff, Tom Sydnor and Dave
Jones, and also Susan Davies, Chip Roy, Rich Phillips, Dan Fine, Jeff
Miller, Jonathan Schwantes, Jonathan Meyer, Brooke Roberts, Bill Bailey,
Lee Carosi, Jim Hippe, Joseph Gibson, Bill Bailey, Blaine Merrit, David
Whitney, Joe Keeley, Alec French, and Sampak Garg.
Finally, I must note that the bicameral, bipartisan approach to
these bills in particular and to intellectual property issues in general
is a model we should strive to achieve in the 109th Congress. <<<

Steve Leggett, Staff Coordinator
National Film Preservation Board
Library of Congress (4690)
Washington, D.C. 20540
p: 202/707-5912
f: 202/707-2371
email: sleg@loc.gov
WWW: http://www.loc.gov/film/

Also visit the Web site of our charitable
affiliate, the National Film Preservation
Foundation at

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