Page:H. Rept. No. 94-1733 (1976).djvu/67

‘‘§ 2318.

Transportation, sale or receipt of phonograph records bearing forged or counterfeit labels

‘‘(a)	Whoever knowingly and with fraudulent intent transports, causes to be transported, receives, sells, or offer for sale in interstate or foreign commerce any phonograph record, disk, wire, tape, film, or other article on which sounds are recorded, to which or upon which is stamped, pasted, or affixed any forged or counterfeited label, knowing the label to have been falsely made, forged, or counterfeited shall be fined not more than $10,000 or imprisoned for not more than one year, or both, for the first such offense and shall be fined not more than $25,000 or imprisoned for not more than two years, or both, for any, subsequent offense.
‘‘(b)	When any person is convicted of any violation of subsection (a), the court in its judgment of conviction shall, in addition to the penalty therein prescribed, order the forfeiture and destruction or other disposition of all counterfeit labels and all articles to which counterfeit labels have been affixed or which were intended to have had such labels affixed.
‘‘(c)	Except to the extent they are inconsistent with the provisions of this title, all provisions of section 509, title 17, United States Code, are applicable to violations of subsection (a).’’.

Sec. 112.⁠

All causes of action that arose under title 17 before January 1, 1978, shall be governed by title 17 as it existed when the cause of action arose.

Sec. 113.⁠

 ⁠

(a)⁠

The Librarian of Congress (hereinafter referred to as the ‘‘Librarian’’) shall establish and maintain in the Library of Congress a library to be known as the American Television and Radio Archives (hereinafter referred to as the ‘‘Archives’’). The purpose of the Archives shall be to preserve a permanent record of the television and radio programs which are the heritage of the people of the United States and to provide access to such programs to historians and scholars without encouraging or causing copyright infringement.

(1)⁠

The Librarian, after consultation with interested organizations and individuals, shall determine and place in the Archives such copies and phonorecords of television and radio programs transmitted to the public in the United States and in other countries which are of present or potential public or cultural interest, historical significance, cognitive value, or otherwise worthy of preservation, including copies and phonorecords of published and unpublished transmission programs−

(A)⁠	acquired in accordance with sections 407 and 408 of title 17 as amended by the first section of this Act; and
(B)⁠	transferred from the existing collections of the Library of Congress; and
(C)⁠	given to or exchanged with the Archives by other libraries, archives, organizations, and individuals; and
(D)⁠	purchased from the owner thereof.

(2)⁠	The Librarian shall maintain and publish appropriate catalogs and indexes of the collections of the Archives, and shall make such collections available for study and research under the conditions prescribed under this section.

(b)⁠

Notwithstanding the provisions of section 106 of title 17 as amended by the first section of this Act, the Librarian is authorized with respect to a transmission program which consists of a regularly scheduled newscast or on-the-spot coverage of news events and, under standards and conditions that the Librarian shall prescribe by regulation−

(1)⁠	to reproduce a fixation of such a program, in the same or another tangible form, for the purposes of preservation or security