Amend the Copyright Act to enable a digital national archive

Recommendation #189

FCC Chapter: 15.9

Congress should consider amending the Copyright Act to enable public and broadcast media to more easily contribute their archival content to a digital national archive and grant reasonable noncommercial downstream usage rights for this content to the American people.

Public television has attempted to launch a digital video archive but has run into difficulties obtaining necessary clearances from holders of intellectual property rights.

To address this issue, Congress should consider amending the Copyright Act to enable public and broadcast media to more easily contribute their archival content to a digital national archive.

In addition to clearing these upstream rights for submission into a digital national archive, the amendment to the Copyright Act should grant the public reasonable non-commercial downstream usage rights to all materials deposited into the archive. This would ensure that archival content is open and accessible.

Any such amendment to the Copyright Act should take into account the interests of affected copyright holders.