[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]
[[Page 4669]]
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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