[Congressional Record Volume 151, Number 8 (Tuesday, February 1, 2005)]
[Senate]
[Pages S826-S829]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2005

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
Judiciary Committee be discharged from

[[Page S827]]

further consideration of S. 167, and the Senate proceed to its 
immediate consideration.
  The PRESIDING OFFICER. Without objection, it is so ordered. The clerk 
will report the bill by title.
  The assistant legislative clerk read as follows:

       A bill (S. 167) to provide for the protection of 
     intellectual property rights, and for other purposes.

  There being no objection, the Senate proceeded to consider the bill.
  Mr. LEAHY. Mr. President, I am pleased that today the Senate will 
pass the Family Entertainment and Copyright Act of 2005. This bill 
completes the ambitious package of intellectual property legislation 
that we undertook, along with our counterparts in the House of 
Representatives, to enact at the end of the 108th Congress. This is a 
bipartisan bill that makes important changes to our copyright laws and 
that will help ensure the preservation of America's cultural heritage. 
Today's passage of this bill is testimony to the efforts of several in 
this Chamber to ensure we make good law, capable of swift enactment, 
and for that I thank in particular the bill's cosponsors, Senators 
Hatch, Feinstein, Alexander, and Cornyn.
  The FECA bill is made up of four important provisions. Title I of the 
bill contains the ART Act, which will criminalize the use of camcorders 
to steal movies surreptitiously from the big screen. The second title 
of the bill is the Family Movie Act, which was designed to allow 
consumers to view only those portions of movies, in their own homes, 
that they want to. Title III of the bill contains the Film Preservation 
Act, legislation that I sponsored in the last Congress. The Film 
Preservation Act will allow the Library of Congress to continue its 
important work in preserving America's fading film treasures. What is 
more, the bill will assist libraries, museums, and archives in 
preserving films, and in making those works available to researchers 
and the public. Finally, the bill contains the Preservation of Orphan 
Works Act, which will correct a drafting error in the Sonny Bono 
Copyright Term Extension Act and will allow libraries to create copies 
of orphan works--copyrighted materials that are in the last 20 years of 
their copyright term, are no longer commercially exploited, and are not 
available at a reasonable price.
  I thank the cosponsors of the Family Entertainment and Copyright Act, 
and I hope the House of Representatives will move with dispatch to pass 
and send to the President this consensus legislation.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
technical amendment that is at the desk be agreed to, the bill, as 
amended, be read a third time and passed, the motions to reconsider be 
laid upon the table, and that any statements relating to the bill be 
printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 1) was agreed to, as follows:

        On page 21, line 7, strike ``12'' and insert ``13''.

  The bill (S. 167), as amended, was read the third time and passed, as 
follows:

                                 S. 167

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Family Entertainment and 
     Copyright Act of 2005''.

             TITLE I--ARTISTS' RIGHTS AND THEFT PREVENTION

     SEC. 101. SHORT TITLE.

       This title may be cited as the ``Artists' Rights and Theft 
     Prevention Act of 2005'' or the ``ART Act''.

     SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF 
                   MOTION PICTURES IN A MOTION PICTURE EXHIBITION 
                   FACILITY.

       (a) In General.--Chapter 113 of title 18, United States 
     Code, is amended by adding after section 2319A the following 
     new section:

     ``Sec. 2319B. Unauthorized recording of Motion pictures in a 
       Motion picture exhibition facility

       ``(a) Offense.--Any person who, without the authorization 
     of the copyright owner, knowingly uses or attempts to use an 
     audiovisual recording device to transmit or make a copy of a 
     motion picture or other audiovisual work protected under 
     title 17, or any part thereof, from a performance of such 
     work in a motion picture exhibition facility, shall--
       ``(1) be imprisoned for not more than 3 years, fined under 
     this title, or both; or
       ``(2) if the offense is a second or subsequent offense, be 
     imprisoned for no more than 6 years, fined under this title, 
     or both.

     The possession by a person of an audiovisual recording device 
     in a motion picture exhibition facility may be considered as 
     evidence in any proceeding to determine whether that person 
     committed an offense under this subsection, but shall not, by 
     itself, be sufficient to support a conviction of that person 
     for such offense.
       ``(b) Forfeiture and Destruction.--When a person is 
     convicted of a violation of subsection (a), the court in its 
     judgment of conviction shall, in addition to any penalty 
     provided, order the forfeiture and destruction or other 
     disposition of all unauthorized copies of motion pictures or 
     other audiovisual works protected under title 17, or parts 
     thereof, and any audiovisual recording devices or other 
     equipment used in connection with the offense.
       ``(c) Authorized Activities.--This section does not prevent 
     any lawfully authorized investigative, protective, or 
     intelligence activity by an officer, agent, or employee of 
     the United States, a State, or a political subdivision of a 
     State, or by a person acting under a contract with the United 
     States, a State, or a political subdivision of a State.
       ``(d) Immunity for Theaters.--With reasonable cause, the 
     owner or lessee of a motion picture exhibition facility where 
     a motion picture or other audiovisual work is being 
     exhibited, the authorized agent or employee of such owner or 
     lessee, the licensor of the motion picture or other 
     audiovisual work being exhibited, or the agent or employee of 
     such licensor--
       ``(1) may detain, in a reasonable manner and for a 
     reasonable time, any person suspected of a violation of this 
     section with respect to that motion picture or audiovisual 
     work for the purpose of questioning or summoning a law 
     enforcement officer; and
       ``(2) shall not be held liable in any civil or criminal 
     action arising out of a detention under paragraph (1).
       ``(e) Victim Impact Statement.--
       ``(1) In general.--During the preparation of the 
     presentence report under rule 32(c) of the Federal Rules of 
     Criminal Procedure, victims of an offense under this section 
     shall be permitted to submit to the probation officer a 
     victim impact statement that identifies the victim of the 
     offense and the extent and scope of the injury and loss 
     suffered by the victim, including the estimated economic 
     impact of the offense on that victim.
       ``(2) Contents.--A victim impact statement submitted under 
     this subsection shall include--
       ``(A) producers and sellers of legitimate works affected by 
     conduct involved in the offense;
       ``(B) holders of intellectual property rights in the works 
     described in subparagraph (A); and
       ``(C) the legal representatives of such producers, sellers, 
     and holders.
       ``(f) State Law Not Preempted.--Nothing in this section may 
     be construed to annul or limit any rights or remedies under 
     the laws of any State.
       ``(g) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Title 17 definitions.--The terms `audiovisual work', 
     `copy', `copyright owner', `motion picture', `motion picture 
     exhibition facility', and `transmit' have, respectively, the 
     meanings given those terms in section 101 of title 17.
       ``(2) Audiovisual recording device.--The term `audiovisual 
     recording device' means a digital or analog photographic or 
     video camera, or any other technology or device capable of 
     enabling the recording or transmission of a copyrighted 
     motion picture or other audiovisual work, or any part 
     thereof, regardless of whether audiovisual recording is the 
     sole or primary purpose of the device.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of chapter 113 of title 18, United States Code, is 
     amended by inserting after the item relating to section 2319A 
     the following:

``2319B. Unauthorized recording of motion pictures in a motion picture 
              exhibition facility.''.

       (c) Definition.--Section 101 of title 17, United States 
     Code, is amended by inserting after the definition of 
     ``Motion pictures'' the following: ``The term ``motion 
     picture exhibition facility'' means a movie theater, 
     screening room, or other venue that is being used primarily 
     for the exhibition of a copyrighted motion picture, if such 
     exhibition is open to the public or is made to an assembled 
     group of viewers outside of a normal circle of a family and 
     its social acquaintances.''.

     SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR 
                   COMMERCIAL DISTRIBUTION.

       (a) Prohibited Acts.--Section 506(a) of title 17, United 
     States Code, is amended to read as follows:
       ``(a) Criminal Infringement.--
       ``(1) In general.--Any person who willfully infringes a 
     copyright shall be punished as provided under section 2319 of 
     title 18, if the infringement was committed--
       ``(A) for purposes of commercial advantage or private 
     financial gain;
       ``(B) by the reproduction or distribution, including by 
     electronic means, during any 180-day period, of 1 or more 
     copies or phonorecords of 1 or more copyrighted works, which 
     have a total retail value of more than $1,000; or

[[Page S828]]

       ``(C) by the distribution of a work being prepared for 
     commercial distribution, by making it available on a computer 
     network accessible to members of the public, if such person 
     knew or should have known that the work was intended for 
     commercial distribution.
       ``(2) Evidence.--For purposes of this subsection, evidence 
     of reproduction or distribution of a copyrighted work, by 
     itself, shall not be sufficient to establish willful 
     infringement of a copyright.
       ``(3) Definition.--In this subsection, the term `work being 
     prepared for commercial distribution' means--
       ``(A) a computer program, a musical work, a motion picture 
     or other audiovisual work, or a sound recording, if, at the 
     time of unauthorized distribution--
       ``(i) the copyright owner has a reasonable expectation of 
     commercial distribution; and
       ``(ii) the copies or phonorecords of the work have not been 
     commercially distributed; or
       ``(B) a motion picture, if, at the time of unauthorized 
     distribution, the motion picture--
       ``(i) has been made available for viewing in a motion 
     picture exhibition facility; and
       ``(ii) has not been made available in copies for sale to 
     the general public in the United States in a format intended 
     to permit viewing outside a motion picture exhibition 
     facility.''.
       (b) Criminal Penalties.--Section 2319 of title 18, United 
     States Code, is amended--
       (1) in subsection (a)--
       (A) by striking ``Whoever'' and inserting ``Any person 
     who''; and
       (B) by striking ``and (c) of this section'' and inserting 
     ``, (c), and (d)'';
       (2) in subsection (b), by striking ``section 506(a)(1)'' 
     and inserting ``section 506(a)(1)(A)'';
       (3) in subsection (c), by striking ``section 506(a)(2) of 
     title 17, United States Code'' and inserting ``section 
     506(a)(1)(B) of title 17'';
       (4) by redesignating subsections (d) and (e) as subsections 
     (e) and (f), respectively;
       (5) by adding after subsection (c) the following:
       ``(d) Any person who commits an offense under section 
     506(a)(1)(C) of title 17--
       ``(1) shall be imprisoned not more than 3 years, fined 
     under this title, or both;
       ``(2) shall be imprisoned not more than 5 years, fined 
     under this title, or both, if the offense was committed for 
     purposes of commercial advantage or private financial gain;
       ``(3) shall be imprisoned not more than 6 years, fined 
     under this title, or both, if the offense is a second or 
     subsequent offense; and
       ``(4) shall be imprisoned not more than 10 years, fined 
     under this title, or both, if the offense is a second or 
     subsequent offense under paragraph (2).''; and
       (6) in subsection (f), as redesignated--
       (A) in paragraph (1), by striking ``and'' at the end;
       (B) in paragraph (2), by striking the period at the end and 
     inserting a semicolon; and
       (C) by adding at the end the following:
       ``(3) the term `financial gain' has the meaning given the 
     term in section 101 of title 17; and
       ``(4) the term `work being prepared for commercial 
     distribution' has the meaning given the term in section 
     506(a) of title 17.''.

     SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING 
                   PREPARED FOR COMMERCIAL DISTRIBUTION.

       (a) Preregistration.--Section 408 of title 17, United 
     States Code, is amended by adding at the end the following:
       ``(f) Preregistration of Works Being Prepared for 
     Commercial Distribution.--
       ``(1) Rulemaking.--Not later than 180 days after the date 
     of enactment of this subsection, the Register of Copyrights 
     shall issue regulations to establish procedures for 
     preregistration of a work that is being prepared for 
     commercial distribution and has not been published.
       ``(2) Class of works.--The regulations established under 
     paragraph (1) shall permit preregistration for any work that 
     is in a class of works that the Register determines has had a 
     history of infringement prior to authorized commercial 
     distribution.
       ``(3) Application for registration.--Not later than 3 
     months after the first publication of a work preregistered 
     under this subsection, the applicant shall submit to the 
     Copyright Office--
       ``(A) an application for registration of the work;
       ``(B) a deposit; and
       ``(C) the applicable fee.
       ``(4) Effect of untimely application.--An action under this 
     chapter for infringement of a work preregistered under this 
     subsection, in a case in which the infringement commenced no 
     later than 2 months after the first publication of the work, 
     shall be dismissed if the items described in paragraph (3) 
     are not submitted to the Copyright Office in proper form 
     within the earlier of--
       ``(A) 3 months after the first publication of the work; or
       ``(B) 1 month after the copyright owner has learned of the 
     infringement.''.
       (b) Infringement Actions.--Section 411(a) of title 17, 
     United States Code, is amended by inserting ``preregistration 
     or'' after ``shall be instituted until''.
       (c) Exclusion.--Section 412 of title 17, United States 
     Code, is amended by inserting after ``section 106A(a)'' the 
     following: ``, an action for infringement of the copyright of 
     a work that has been preregistered under section 408(f) 
     before the commencement of the infringement and that has an 
     effective date of registration not later than the earlier of 
     3 months after the first publication of the work or 1 month 
     after the copyright owner has learned of the infringement,''.

     SEC. 105. FEDERAL SENTENCING GUIDELINES.

       (a) Review and Amendment.--Not later than 180 days after 
     the date of enactment of this Act, the United States 
     Sentencing Commission, pursuant to its authority under 
     section 994 of title 28, United States Code, and in 
     accordance with this section, shall review and, if 
     appropriate, amend the Federal sentencing guidelines and 
     policy statements applicable to persons convicted of 
     intellectual property rights crimes, including any offense 
     under--
       (1) section 506, 1201, or 1202 of title 17, United States 
     Code; or
       (2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18, 
     United States Code.
       (b) Authorization.--The United States Sentencing Commission 
     may amend the Federal sentencing guidelines in accordance 
     with the procedures set forth in section 21(a) of the 
     Sentencing Act of 1987 (28 U.S.C. 994 note) as though the 
     authority under that section had not expired.
       (c) Responsibilities of United States Sentencing 
     Commission.--In carrying out this section, the United States 
     Sentencing Commission shall--
       (1) take all appropriate measures to ensure that the 
     Federal sentencing guidelines and policy statements described 
     in subsection (a) are sufficiently stringent to deter, and 
     adequately reflect the nature of, intellectual property 
     rights crimes;
       (2) determine whether to provide a sentencing enhancement 
     for those convicted of the offenses described in subsection 
     (a), if the conduct involves the display, performance, 
     publication, reproduction, or distribution of a copyrighted 
     work before it has been authorized by the copyright owner, 
     whether in the media format used by the infringing party or 
     in any other media format;
       (3) determine whether the scope of ``uploading'' set forth 
     in application note 3 of section 2B5.3 of the Federal 
     sentencing guidelines is adequate to address the loss 
     attributable to people who, without authorization, broadly 
     distribute copyrighted works over the Internet; and
       (4) determine whether the sentencing guidelines and policy 
     statements applicable to the offenses described in subsection 
     (a) adequately reflect any harm to victims from copyright 
     infringement if law enforcement authorities cannot determine 
     how many times copyrighted material has been reproduced or 
     distributed.

  TITLE II--EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO 
                       CONTENT IN MOTION PICTURES

     SEC. 201. SHORT TITLE.

       This title may be cited as the ``Family Movie Act of 
     2005''.

     SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND 
                   VIDEO CONTENT IN MOTION PICTURES.

       (a) In General.--Section 110 of title 17, United States 
     Code, is amended--
       (1) in paragraph (9), by striking ``and'' after the 
     semicolon at the end;
       (2) in paragraph (10), by striking the period at the end 
     and inserting ``; and'';
       (3) by inserting after paragraph (10) the following:
       ``(11) the making imperceptible, by or at the direction of 
     a member of a private household, of limited portions of audio 
     or video content of a motion picture, during a performance in 
     or transmitted to that household for private home viewing, 
     from an authorized copy of the motion picture, or the 
     creation or provision of a computer program or other 
     technology that enables such making imperceptible and that is 
     designed and marketed to be used, at the direction of a 
     member of a private household, for such making imperceptible, 
     if no fixed copy of the altered version of the motion picture 
     is created by such computer program or other technology.''; 
     and
       (4) by adding at the end the following:
       ``For purposes of paragraph (11), the term `making 
     imperceptible' does not include the addition of audio or 
     video content that is performed or displayed over or in place 
     of existing content in a motion picture.
       ``Nothing in paragraph (11) shall be construed to imply 
     further rights under section 106 of this title, or to have 
     any effect on defenses or limitations on rights granted under 
     any other section of this title or under any other paragraph 
     of this section.''.
       (b) Exemption From Trademark Infringement.--Section 32 of 
     the Trademark Act of 1946 (15 U.S.C. 1114) is amended by 
     adding at the end the following:
       ``(3)(A) Any person who engages in the conduct described in 
     paragraph (11) of section 110 of title 17, United States 
     Code, and who complies with the requirements set forth in 
     that paragraph is not liable on account of such conduct for a 
     violation of any right under this Act. This subparagraph does 
     not preclude liability, nor shall it be construed to restrict 
     the defenses or limitations on rights granted under this Act, 
     of a person for conduct not described in paragraph (11) of 
     section 110 of title 17, United States Code, even if that 
     person also engages in conduct described in paragraph (11) of 
     section 110 of such title.
       ``(B) A manufacturer, licensee, or licensor of technology 
     that enables the making of limited portions of audio or video 
     content of a motion picture imperceptible as described in 
     subparagraph (A) is not liable on account of such manufacture 
     or license for a violation of any right under this Act, if 
     such manufacturer, licensee, or licensor ensures that

[[Page S829]]

     the technology provides a clear and conspicuous notice at the 
     beginning of each performance that the performance of the 
     motion picture is altered from the performance intended by 
     the director or copyright holder of the motion picture. The 
     limitations on liability in subparagraph (A) and this 
     subparagraph shall not apply to a manufacturer, licensee, or 
     licensor of technology that fails to comply with this 
     paragraph.
       ``(C) The requirement under subparagraph (B) to provide 
     notice shall apply only with respect to technology 
     manufactured after the end of the 180-day period beginning on 
     the date of the enactment of the Family Movie Act of 2005.
       ``(D) Any failure by a manufacturer, licensee, or licensor 
     of technology to qualify for the exemption under 
     subparagraphs (A) and (B) shall not be construed to create an 
     inference that any such party that engages in conduct 
     described in paragraph (11) of section 110 of title 17, 
     United States Code, is liable for trademark infringement by 
     reason of such conduct.''.
       (c) Definition.--In this section, the term ``Trademark Act 
     of 1946'' means the Act entitled ``An Act to provide for the 
     registration and protection of trademarks used in commerce, 
     to carry out the provisions of certain international 
     conventions, and for other purposes'', approved July 5, 1946 
     (15 U.S.C. 1051 et seq.).

                 TITLE III--NATIONAL FILM PRESERVATION

  Subtitle A--Reauthorization of the National Film Preservation Board

     SEC. 301. SHORT TITLE.

       This subtitle may be cited as the ``National Film 
     Preservation Act of 2005''.

     SEC. 302. REAUTHORIZATION AND AMENDMENT.

       (a) Duties of the Librarian of Congress.--Section 103 of 
     the National Film Preservation Act of 1996 (2 U.S.C. 179m) is 
     amended--
       (1) in subsection (b)--
       (A) by striking ``film copy'' each place that term appears 
     and inserting ``film or other approved copy'';
       (B) by striking ``film copies'' each place that term 
     appears and inserting ``film or other approved copies''; and
       (C) in the third sentence, by striking ``copyrighted'' and 
     inserting ``copyrighted, mass distributed, broadcast, or 
     published''; and
       (2) by adding at the end the following:
       ``(c) Coordination of Program With Other Collection, 
     Preservation, and Accessibility Activities.--In carrying out 
     the comprehensive national film preservation program for 
     motion pictures established under the National Film 
     Preservation Act of 1992, the Librarian, in consultation with 
     the Board established pursuant to section 104, shall--
       ``(1) carry out activities to make films included in the 
     National Film registry more broadly accessible for research 
     and educational purposes, and to generate public awareness 
     and support of the Registry and the comprehensive national 
     film preservation program;
       ``(2) review the comprehensive national film preservation 
     plan, and amend it to the extent necessary to ensure that it 
     addresses technological advances in the preservation and 
     storage of, and access to film collections in multiple 
     formats; and
       ``(3) wherever possible, undertake expanded initiatives to 
     ensure the preservation of the moving image heritage of the 
     United States, including film, videotape, television, and 
     born digital moving image formats, by supporting the work of 
     the National Audio-Visual Conservation Center of the Library 
     of Congress, and other appropriate nonprofit archival and 
     preservation organizations.''.
       (b) National Film Preservation Board.--Section 104 of the 
     National Film Preservation Act of 1996 (2 U.S.C. 179n) is 
     amended--
       (1) in subsection (a)(1) by striking ``20'' and inserting 
     ``22'';
       (2) in subsection (a) (2) by striking ``three'' and 
     inserting ``5'';
       (3) in subsection (d) by striking ``11'' and inserting 
     ``12''; and
       (4) by striking subsection (e) and inserting the following:
       ``(e) Reimbursement of Expenses.--Members of the Board 
     shall serve without pay, but may receive travel expenses, 
     including per diem in lieu of subsistence, in accordance with 
     sections 5702 and 5703 of title 5, United States Code.''.
       (c) National Film Registry.--Section 106 of the National 
     Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by 
     adding at the end the following:
       ``(e) National Audio-Visual Conservation Center.--The 
     Librarian shall utilize the National Audio-Visual 
     Conservation Center of the Library of Congress at Culpeper, 
     Virginia, to ensure that preserved films included in the 
     National Film Registry are stored in a proper manner, and 
     disseminated to researchers, scholars, and the public as may 
     be appropriate in accordance with--
       ``(1) title 17, United States Code; and
       ``(2) the terms of any agreements between the Librarian and 
     persons who hold copyrights to such audiovisual works.''.
       (d) Use of Seal.--Section 107 (a) of the National Film 
     Preservation Act of 1996 (2 U.S.C. 179q(a)) is amended--
       (1) in paragraph (1), by inserting ``in any format'' after 
     ``or any copy''; and
       (2) in paragraph (2), by striking ``or film copy'' and 
     inserting ``in any format''.
       (e) Effective Date.--Section 113 of the National Film 
     Preservation Act of 1996 (2 U.S.C. 179w) is amended by 
     striking ``7'' and inserting ``13''.

     Subtitle B--Reauthorization of the National Film Preservation 
                               Foundation

     SEC. 311. SHORT TITLE.

       This subtitle may be cited as the ``National Film 
     Preservation Foundation Reauthorization Act of 2005''.

     SEC. 312. REAUTHORIZATION AND AMENDMENT.

       (a) Board of Directors.--Section 151703 of title 36, United 
     States Code, is amended--
       (1) in subsection (b)(2)(A), by striking ``nine'' and 
     inserting ``12''; and
       (2) in subsection (b)(4), by striking the second sentence 
     and inserting ``There shall be no limit to the number of 
     terms to which any individual may be appointed.''.
       (b) Powers.--Section 151705 of title 36, United States 
     Code, is amended in subsection (b) by striking ``District of 
     Columbia'' and inserting ``the jurisdiction in which the 
     principal office of the corporation is located''.
       (c) Principal Office.--Section 151706 of title 36, United 
     States Code, is amended by inserting ``, or another place as 
     determined by the board of directors'' after ``District of 
     Columbia''.
       (d) Authorization of Appropriations.--Section 151711 of 
     title 36, United States Code, is amended by striking 
     subsections (a) and (b) and inserting the following:
       ``(a) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Library of Congress 
     amounts necessary to carry out this chapter, not to exceed 
     $530,000 for each of the fiscal years 2005 through 2009. 
     These amounts are to be made available to the corporation to 
     match any private contributions (whether in currency, 
     services, or property) made to the corporation by private 
     persons and State and local governments.
       ``(b) Limitation Related to Administrative Expenses.--
     Amounts authorized under this section may not be used by the 
     corporation for management and general or fundraising 
     expenses as reported to the Internal Revenue Service as part 
     of an annual information return required under the Internal 
     Revenue Code of 1986.''.

                 TITLE IV--PRESERVATION OF ORPHAN WORKS

     SEC. 401. SHORT TITLE.

       This title may be cited as the ``Preservation of Orphan 
     Works Act''.

     SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND 
                   ARCHIVES.

       Section 108(i) of title 17, United States Code, is amended 
     by striking ``(b) and (c)'' and inserting ``(b), (c), and 
     (h)''.

                          ____________________