[Congressional Record Volume 151, Number 2 (Thursday, January 6, 2005)]
[Extensions of Remarks]
[Page E41]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




 INTRODUCTION OF H.R. 24, THE ``PRESERVATION AND RESTORATION OF ORPHAN 
   WORKS FOR USE IN SCHOLARSHIP AND EDUCATION (PRO USE) ACT OF 2005''

                                 ______
                                 

                         HON. HOWARD L. BERMAN

                             of california

                    in the house of representatives

                       Thursday, January 6, 2005

  Mr. BERMAN. Mr. Speaker, on January 4, I joined the distinguished 
gentleman from Michigan, Representative John Conyers, and the 
distinguished gentlelady from California, Ms. Lofgren, in introducing 
H.R. 24, the ``Preservation and Restoration of Orphan Works for Use in 
Scholarship and Education (PRO USE) Act of 2005.'' The PRO USE Act will 
benefit libraries, archives, schools and other users of copyrighted 
works. It will do so by facilitating the preservation, use, and 
dissemination of orphaned works.
  Though a technical amendment, Title I of the PRO USE Act makes a 
important change in the Copyright Act. The Sonny Bono Copyright Term 
Extension Act (SBCTEA) enacted section 108(h) of the Copyright Act to 
ensure that copyright term extension would not adversely impact the 
preservation, scholarly, and research work of libraries, archives, and 
non-profit educational institutions. Section 108(h) permits such 
entities to reproduce, distribute, display and perform copyrighted 
works during the extended copyright term if the work is not subject to 
commercial exploitation and is not available at a reasonable price.
  Unfortunately, due to a drafting oversight, the SBCTEA did not amend 
section 108(i). As a result, section 108(h) cannot fully achieve its 
intended objective. Section 108(i) in effect renders 108(h) partially 
meaningless by excluding musical, pictorial, graphic and sculptural 
works, as well as motion pictures and other audiovisual works, from the 
scope of 108(h). In other words, section 108(i) prevents archives from 
preserving and performing an orphan film in its last 20 years of 
copyright term.
  The PRO USE Act will correct this oversight, and thus enable 
libraries and archives to reproduce, distribute, perform, and display 
all orphan works in the course of their preservation, scholarly, and 
research activities.
  Title II of the PRO USE Act will also facilitate the preservation of, 
and scholarship related to, orphaned motion pictures.
  Title II reauthorizes the National Film Preservation Board (NFPB) and 
the National Film Preservation Foundation (NFPF) for 10 years. The NFPF 
is an independent, nonprofit organization established in 1996 with 
bipartisan congressional support to help save America's film heritage. 
The NFPF is the charitable affiliate of the NFPB of the Library of 
Congress, which was also established in 1996.
  This legislation also increases the authorized appropriations for the 
NFPF from $530,000 in fiscal year 2005 and 2006 up to $1,000,000 in 
fiscal years 2007 through 2915. It authorizes additional appropriations 
not to exceed $1,000,000 for cooperative film preservation and access 
initiatives by the NFPF for each of the fiscal years 2006 through 2015. 
All authorized appropriations are only to be made available to match 
private contributions to the NFPF.

  The excellent work and strong track record of the NFPB and NFPF 
justify both the reauthorization and increased authorization of 
appropriations provided by this bill. Working with archives and others 
in the film preservation community, the NFPF supports activities that 
save films for future generations, improve film access for education 
and exhibition, and increase public commitment to preserving film as a 
cultural resource, art form, and historical record. In essence, its 
mission is to save America's ``orphan films''--newsreels, silent films, 
documentaries, avant-garde works, and other independent films that are 
not preserved by commercial interests.
  Since its inception, the NFPF has done great work in furtherance of 
this goal. Working with more than 80 organizations, it has helped 
preserve approximately 600 films and collections. Through its 
preservation efforts, the NFPF has made it possible for organizations 
in 34 States and the District of Columbia to use these films in 
education and research. Many of the films preserved provide unique 
windows into American history and culture. For instance, films 
preserved through NFPF efforts include social dramas from Thomas 
Edison's studio, the earliest ``talkie'' of an American president, and 
home movies clandestinely shot by Japanese Americans in World War 11 
detention camps.
  With authorization for the NFPB and NFPF having expired on September 
30, 2003, congressional reauthorization is long overdue. 
Reauthorization not only provides these organizations with important 
recognition, but is also critical to their ability to attract the 
private donations that provide a great majority of their funds. Failure 
to reauthorize will hamper the critical work of the NFPB and NFPF.
  Over 50 percent of the films made before 1950 have disintegrated, and 
only 10 percent of the movies produced in the United States before 1929 
still exist. We must act to stem further losses of this rich cultural 
heritage. No art form is more uniquely American than film, but 
unfortunately, few art forms are more susceptible to degradation 
through passage of time and poor preservation.
  I hope that all parties interested in preservation and expansion of 
the public domain, whether for research, education, or further 
commercial exploitation, join Representative Conyers, Representative 
Lofgren, and myself in pressing for passage of the PRO-USE Act. This 
bill will provide real, tangible help to those interested in preserving 
orphaned works and enhancing the public domain. The failure of the 
108th Congress to pass the same legislation shows it will not be easy 
to pass. Thus, we need all champions of the public domain to devote 
their efforts to the passage of this legislation. While working to pass 
this targeted legislation may not seem as intellectually stimulating as 
debating radical copyright revisions or arguing novel legal theories 
before the courts, it will provide real, tangible benefits.

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