[Code of Federal Regulations]
[Title 36, Volume 3]
[Revised as of July 1, 2001]
From the U.S. Government Printing Office via GPO Access
[CITE: 36CFR704.10]

[Page 84-85]
 
              TITLE 36--PARKS, FORESTS, AND PUBLIC PROPERTY
 
                    CHAPTER VII--LIBRARY OF CONGRESS
 
PART 704--NATIONAL FILM REGISTRY OF THE LIBRARY OF CONGRESS--Table of Contents
 
  Subpart A--Films Selected for Inclusion in the National Film Registry
 
Sec. 704.10  Criteria for the selection of films for inclusion in the National Film Registry.


    (a) All of the films nominated for inclusion in the National Film 
Registry

[[Page 85]]

should reflect the mission of the National Film Registry in the Library 
of Congress, found in section 202 of the National Film Preservation Act 
of 1992 (Pub. L. 102-307), of ``maintaining and preserving films that 
are culturally, historically or aesthetically significant.''
    (b) In accordance with the intent of Congress, all of the guidelines 
for the selection of films in the National Film Registry are intended to 
be read broadly, so that as many films as possible will be eligible for 
inclusion in the National Film Registry.
    (c) For the purposes of film selection, the term ``film'' means a 
``motion picture'' as defined in the U.S. copyright law, except, that 
the term ``film'' does not include any work not originally fixed on film 
stock, such as a work fixed on videotape or laser disks. ``Motion 
pictures'' are defined in the copyright law as: ``audiovisual works 
consisting of a series of related images which, when shown in 
succession, impart an impression of motion, together with accompanying 
sounds, if any.'' 17 U.S.C. 101.
    (d) Films should not be considered for inclusion in the National 
Film Registry if no element or copy of the film exists. While the 
Librarian intends to promote the goals of film preservation and 
restoration provided for in the Act, no film will be denied inclusion in 
the National Film Registry because that film has already been preserved 
or restored.
    (e) No film is eligible for inclusion in the National Film Registry 
until 10 years after such film's first publication. ``Publication'' is 
defined in the copyright act as: ``the distribution of copies or 
phonorecords of a work to the public by sale or other transfer of 
ownership, or by rental, lease, or lending. The offering to distribute 
copies or phonorecords to a group of persons for purposes of further 
distribution, public performance, or public display, constitutes 
publication. A public performance or display of a work does not of 
itself constitute publication.'' 17 U.S.C. 101.

[58 FR 30708, May 27, 1993]