[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Proposed Rules]
[Pages 4669-4670]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2362]



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NATIONAL ARCHIVES AND RECORDS ADMINISTRATION

36 CFR Part 1256

RIN 3095-AA55


Domestic Distribution of United States Information Agency 
Materials in the Custody of the National Archives

AGENCY: National Archives and Records Administration.

ACTION: Notice of proposed rulemaking.

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SUMMARY: The National Archives and Records Administration (NARA) is 
proposing regulations which will govern the domestic distribution of 
USIA materials prepared for dissemination abroad that are in the 
custody of NARA. Public Law 101-246, section 202, requires the 
Archivist of the United States to issue necessary regulations to ensure 
that persons seeking release of such USIA materials in the United 
States have secured and paid for necessary rights and licenses. This 
proposed rule would affect members of the public who wish to use or 
obtain copies of USIA audiovisual records transferred to NARA.

DATES: Comments must be received in writing on or before April 1, 1997.

ADDRESSES: Comments should be sent to the Regulation Comment Desk 
(NPOL), National Archives and Records Administration, 8601 Adelphi Rd., 
College Park, MD 20740-6001. Comments may be faxed to 301-713-7270.

FOR FURTHER INFORMATION CONTACT: Nancy Allard at 301-713-7360, 
extension 226.

SUPPLEMENTARY INFORMATION: On February 16, 1990, Public Law 101-246 
(104 Stat. 49) amended the United States Information and Educational 
Exchange Act (22 U.S.C. 1461) to provide for the domestic release of 
motion pictures, videotapes, sound recordings and other materials 12 
years after initial dissemination abroad, or, if not disseminated, 12 
years from the preparation of the material. Previously, section 501 of 
the United States Information and Educational Exchange Act of 1948 (22 
U.S.C. 1461) had prevented the domestic dissemination by the United 
States Information Agency of such materials prepared for dissemination 
abroad in perpetuity unless specifically and individually released by 
Congressional legislation. The amended law allows release and 
dissemination once the 12-year threshold has been met and instructs 
NARA to provide regulations to ensure that any copyrights or underlying 
rights that may exist in these USIA materials have been protected and 
releases obtained prior to dissemination in the United States. For the 
public this amended law provides access and potential use of over 
35,000 USIA motion picture films, 3,000 USIA videotape productions, and 
over 20,000 sound recordings of Voice of America (VOA) radio broadcasts 
that have been selected as permanently valuable audiovisual records and 
have been transferred into the custody of the Motion Picture, Sound and 
Video Branch of NARA. These regulations only apply to USIA records in 
NARA's custody that were prepared for dissemination abroad.
    This proposed rule is a significant regulatory action for purposes 
of Executive Order 12866 of September 30, 1993. As such, it has been 
reviewed by the Office of Management and Budget. As required by the 
Regulatory Flexibility Act, it is hereby certified that this rule will 
not have a significant impact on small entities. This proposed rule 
does not contain any information collections subject to the Paperwork 
Reduction Act.

 List of Subjects in 36 CFR Part 1256

    Archives and records, Copyright, Reports and recordkeeping 
requirements.

    For the reasons set forth in the preamble, NARA proposes to amend 
36 CFR chapter XII, Part 1256 as follows:

PART 1256--RESTRICTIONS ON THE USE OF RECORDS

    1. The authority citation for part 1256 is revised to read as 
follows:

    Authority: 44 U.S.C. 2101-2118; 22 U.S.C. 1461(b).

    2. By adding a new Subpart C consisting of Secs. 1256.50 through 
1256.60 to read as follows:
Subpart C--Domestic Distribution of United States Information Agency 
Materials in the Custody of the National Archives
Sec.
1256.50  Scope of subpart.
1256.52  Purpose.
1256.54  Definition.
1256.56  Transfer of USIA audiovisual records to NARA.
1256.58  Domestic distribution of USIA audiovisual records in NARA 
custody.
1256.60  Fees.

Subpart C--Domestic Distribution of United States Information 
Agency Materials in the Custody of the National Archives


Sec. 1256.50  Scope of subpart.

    This subpart prescribes procedures governing the public 
availability of audiovisual records and other materials subject to 22 
U.S.C. 1461(b) that have been transferred to the National Archives of 
the United States by the United States Information Agency (USIA).


Sec. 1256.52  Purpose.

    This subpart implements Section 501 of the United States 
Information and Educational Exchange Act of 1948 (22 U.S.C. 1461), as 
amended by Section 202 of Public Law 101-246 (104 Stat. 49, Feb. 16, 
1990). This subpart prescribes procedures by which the public may 
inspect and obtain copies of USIA audiovisual records and other 
materials prepared for dissemination abroad that have been transferred 
to NARA for preservation and domestic distribution.


Sec. 1256.54  Definition.

    For the purposes of this subpart--``Audiovisual records'' mean 
motion picture films, videotapes, and sound recordings, and other 
materials regardless of physical form or characteristics that were 
prepared for dissemination abroad.


Sec. 1256.56  Transfer of USIA audiovisual records to NARA.

    The provisions of 44 U.S.C. 2107 and 36 CFR part 1228 apply to the 
transfer of USIA audiovisual records to NARA, and to their deposit with 
the National Archives of the United States. At the time the audiovisual 
records are transferred to NARA, the Director of USIA, in accordance 
with Sec. 1228.184(e) of this chapter, will also transfer any 
production or title files bearing on the ownership of rights in the 
productions in connection with USIA's official overseas programming.


Sec. 1256.58  Domestic distribution of USIA audiovisual records 
transferred to NARA.

    No USIA audiovisual records in the National Archives of the United 
States that were prepared for dissemination abroad will be available 
for copying until it has been at least 12 years since such materials 
were first disseminated abroad, or, in the case of materials prepared 
for foreign dissemination but not disseminated abroad, until it has 
been at least 12 years since the preparation of the materials.
    (a) Access to USIA audiovisual records that neither have copyright 
protection nor contain copyright material. USIA audiovisual records 
prepared for dissemination abroad that NARA determines neither have 
copyright protection nor contain copyrighted material are available for 
examination and copying in accordance with the regulations set forth in 
Parts

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1252, 1253, 1254, 1256, and 1258 of this chapter. In determining 
whether materials have copyright protection or contain copyrighted 
material, NARA will rely on information contained within or affixed to 
individual records (e.g., copyright notices); information contained 
within relevant USIA production, title, or other files that have been 
transferred to NARA by USIA; information provided by requesters 
pursuant to paragraph (b)(2) of this section (e.g., evidence from the 
Copyright Office that copyright has lapsed or expired); and information 
provided by copyright or license holders.
    (b) Reproduction of USIA audiovisual records that either have 
copyright protection or contain copyrighted material. (1) USIA 
audiovisual records prepared for dissemination abroad that NARA 
determines may have copyright protection or may contain copyrighted 
material will be made available for examination in NARA research 
facilities in accordance with the regulations set forth in this 
chapter.
    (2) Copies of USIA audiovisual records prepared for dissemination 
abroad that NARA determines may have copyright protection or may 
contain copyrighted material will be provided to persons seeking the 
release of such materials in the United States once NARA has:
    (i) Ensured, in accordance with paragraph (b)(3) of this section, 
that the persons seeking copies have secured and paid for necessary 
United States rights and licenses;
    (ii) Been provided with evidence from the Copyright Office 
sufficient to determine that copyright protection in the materials 
sought, or relevant portions therein, has lapsed or expired; or
    (iii) Received a requester's signed certification in accordance 
with paragraph (b)(4) of this section that the materials sought will be 
used only for purposes permitted by the Copyright Act of 1976, as 
amended, including the fair use provisions of 17 U.S.C. 107. No copies 
of USIA audiovisual records will be provided until the fees authorized 
under part 1258 of this chapter have been paid to NARA.
    (3) If NARA has determined that a USIA audiovisual record prepared 
for dissemination abroad may have copyright protection or may contain 
copyrighted material, persons seeking the release of such material in 
the United States may obtain copies of the material by submitting to 
NARA written evidence from all copyright and/or license owner(s) that 
any necessary fees have been paid or waived and any necessary licenses 
have been secured.
    (4) If NARA has determined that a USIA audiovisual record prepared 
for dissemination abroad may have copyright protection or may contain 
copyrighted material, persons seeking the release of such material in 
the United States may obtain copies of the material by submitting to 
NARA the following certification statement:

    I, (printed name of individual), certify that my use of the 
copyrighted portions of the (name or title and NARA identifier of 
work involved) provided to me by the National Archives and Records 
Administration (NARA), will be limited to private study, 
scholarship, or research purposes, or for other purposes permitted 
by the Copyright Act of 1976, as amended. I understand that I am 
solely responsible for the subsequent use of the copyrighted 
portions of the work identified above.

    (c) In every instance where a copy of an audiovisual record is 
provided under this subpart, and NARA has determined that the work 
being reproduced may have copyright protection or may contain 
copyrighted material, NARA shall provide a warning notice of copyright.
    (d) Nothing in this section shall limit NARA's ability to make 
copies of USIA audiovisual records for preservation, arrangement, 
repair and rehabilitation, description, exhibition, security, or 
reference purposes.


Sec. 1256.60  Fees.

    Copies or reproductions of audiovisual records will only be 
provided under this subpart upon payment of fees in accordance with 44 
U.S.C. 2116(c) and 22 U.S.C. 1461(b)(3).

    Dated: January 24, 1997.
John W. Carlin,
Archivist of the United States.
[FR Doc. 97-2362 Filed 1-30-97; 8:45 am]
BILLING CODE 7515-01-P