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§ 704.20

should reflect the mission of the Na- § 704.11 Procedures for the public to tional Registry in the Library of recommend for inclusion in Congress, found in section 202 of the the National Film Registry. National Film Preservation Act of 1992 (a) The public shall be informed of all (Pub. L. 102–307), of ‘‘maintaining and open meetings of the National Film preserving films that are culturally, Preservation Board. historically or aesthetically signifi- (b) A mailing address within the Li- cant.’’ brary of Congress will be maintained to (b) In accordance with the intent of allow the public to make nominations Congress, all of the guidelines for the of films to the Librarian and the Na- selection of films in the National Film tional Film Preservation Board. All Registry are intended to be read broad- nominations should include the film ly, so that as many films as possible title, and any other relevant informa- tion necessary to prevent confusion will be eligible for inclusion in the Na- with similarly named titles. tional Film Registry. (c) Materials will be available to con- (c) For the purposes of film selection, gressional offices and members of the the term ‘‘film’’ means a ‘‘motion pic- Board to make information available ture’’ as defined in the U.S. copyright to the public regarding nominations of law, except, that the term ‘‘film’’ does films. Materials will also be made not include any work not originally available for distribution to libraries, fixed on film stock, such as a work movie theaters, and through the guilds fixed on videotape or laser disks. ‘‘Mo- and societies representing directors, tion pictures’’ are defined in the copy- producers, screenwriters, actors, cine- right law as: ‘‘audiovisual works con- matographers, film critics, film preser- sisting of a series of related images vation organizations and representa- which, when shown in succession, im- tives of academic institutions with part an impression of motion, together film study programs, in order to en- with accompanying sounds, if any.’’ 17 courage broad participation from the U.S.C. 101. general public. Nominations received (d) Films should not be considered for by the Librarian, will be forwarded to inclusion in the National Film Reg- the Board to assist in the film selec- istry if no element or copy of the film tion process. (d) All nominations for inclusion of exists. While the Librarian intends to films in the National Film Registry promote the goals of film preservation must be submitted in writing to the Li- and restoration provided for in the Act, brarian of Congress no later than no film will be denied inclusion in the March 30th of each year. All nomina- National Film Registry because that tions should be mailed to: National film has already been preserved or re- Film Registry, Library of Congress, stored. Washington, DC 20540. (e) No film is eligible for inclusion in the National Film Registry until 10 [58 FR 30709, May 27, 1993] years after such film’s first publica- § 704.20 Films selected for inclusion in tion. ‘‘Publication’’ is defined in the the National Film Registry in the copyright act as: ‘‘the distribution of Library of Congress for 1989. copies or phonorecords of a work to the (a) The Librarian of Congress, Dr. public by sale or other transfer of own- James H. Billington, after consultation ership, or by rental, lease, or lending. with the National Film Preservation The offering to distribute copies or Board registers these films in the Na- phonorecords to a group of persons for tional Film registry within the Library purposes of further distribution, public of Congress for 1989: performance, or public display, con- (1) The Best Years Of Our Lives (1946) stitutes publication. A public perform- (2) Casablanca (1942) ance or display of a work does not of (3) (1941) itself constitute publication.’’ 17 U.S.C. (4) The Crowd (1928) 101. (5) Dr. Strangelove (or, How I Learned To Stop Worrying And Love the Bomb) (1964) [58 FR 30708, May 27, 1993] (6) The General (1927)

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