2 U.S.C. § 1703 — Seal of the National Recording Registry
submitted 26 years ago by Pub. L. 106-474 to r/title-2-THE-CONGRESS · 537 words · no verdicts yet
This section creates and controls a seal for Registry sound recordings. It limits who may use it, bans misleading uses, and sets the exclusive court remedies.
(a) In general. The Librarian* must provide a seal showing that a sound recording* is in the National Recording Registry and is the Registry version*.
(b) Use of seal. The Librarian must issue approval guidelines. (1) The seal may appear only on copies of the Registry version. (2) A person may use it only after the Librarian approves that person under the guidelines. (3) For a copyrighted work that is mass-distributed, broadcast, or published, only the copyright owner or an authorized licensee may put, or authorize putting, the seal on a copy of a Registry-version recording maintained in the Library of Congress collection. (4) An authorized person may add the statutory statement that the Librarian, consulting the National Recording Preservation Board*, selected the recording because of its cultural, historical, or aesthetic significance.
(c) Effective date. Use of the seal becomes effective when the Librarian publishes the recording’s selected name in the Federal Register under section 1702(b).
(d) Prohibited uses. (1) A person who knowingly distributes or publicly exhibits a recording or copy bearing the seal may not do so if the recording is not in the Registry, or is in the Registry but the Librarian has not approved use of the seal under (b). (2) A person may not knowingly use the seal to promote a version or copy that is not the Registry version.
(e) Remedies. (1) United States district courts may, for shown cause, prevent or restrain violations of (d). (2)(A) Except as in (B), the only relief for a violation is removal of the seal. (B) For a willful pattern or practice, the court may impose a civil fine of up to $10,000 and suitable injunctive relief. (3) These are the exclusive remedies under this chapter and any federal or state law for use of the seal.
The Librarian* shall provide a seal to indicate that a sound recording* has been included in the National Recording Registry and is the Registry version* of that recording.
The Librarian shall establish guidelines for approval of the use of the seal provided under subsection (a), and shall include in the guidelines the following:
The seal may only be used on recording copies of the Registry version of a sound recording.
The seal may be used only after the Librarian has given approval to those persons seeking to apply the seal in accordance with the guidelines.
In the case of copyrighted mass distributed, broadcast, or published works, only the copyright legal owner or an authorized licensee of that copyright owner may place or authorize the placement of the seal on any recording copy of the Registry version of any sound recording that is maintained in the National Recording Registry Collection in the Library of Congress.
Anyone authorized to place the seal on any recording copy of any Registry version of a sound recording may accompany such seal with the following language: “This sound recording is selected for inclusion in the National Recording Registry by the Librarian of Congress in consultation with the National Recording Preservation Board* of the Library of Congress because of its cultural, historical, or aesthetic significance.”.
The use of the seal provided under subsection (a) with respect to a sound recording shall be effective beginning on the date the Librarian publishes in the Federal Register (in accordance with section 1702(b) of this title) the name of the recording, as selected for inclusion in the National Recording Registry.
No person may knowingly distribute or exhibit to the public a version of a sound recording or any copy of a sound recording which bears the seal described in subsection (a) if such recording—
is not included in the National Recording Registry; or
is included in the National Recording Registry but has not been approved for use of the seal by the Librarian pursuant to the guidelines established under subsection (b).
No person may knowingly use the seal described in subsection (a) to promote any version of a sound recording or recording copy other than a Registry version.
The several district courts of the United States shall have jurisdiction, for cause shown, to prevent and restrain violations of subsection (d).
Except as provided in subparagraph (B), relief for violation of subsection (d) shall be limited to the removal of the seal from the sound recording involved in the violation.
In the case of a pattern or practice of the willful violation of subsection (d), the court may order a civil fine of not more than $10,000 and appropriate injunctive relief.
The remedies provided in this subsection shall be the exclusive remedies under this chapter, or any other Federal or State law, regarding the use of the seal described in subsection (a).
Source credit: (Pub. L. 106–474, title I, § 103, Nov. 9, 2000, 114 Stat. 2086.)
- 2000Enacted · Pub. L. 106-474 · 114 Stat. 2086
A history note hasn’t been published yet. The record shows enactment by Pub. L. 106-474 on 2000-11-09.
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