and

(2) to pay into a specially designated fund in the Library of Congress
the total retail price of the copies or phonorecords demanded, or, if no
retail price has been fixed, the reasonable cost to the Library of
Congress of acquiring them; and

(3) to pay a fine of $2,500, in addition to any fine or liability
imposed under clauses (1) and (2), if such person willfully or
repeatedly fails or refuses to comply with such a demand.

(e) With respect to transmission programs that have been fixed and
transmitted to the public in the United States but have not been
published, the Register of Copyrights shall, after consulting with the
Librarian of Congress and other interested organizations and officials,
establish regulations governing the acquisition, through deposit or
otherwise, of copies or phonorecords of such programs for the
collections of the Library of Congress.

(1) The Librarian of Congress shall be permitted, under the standards
and conditions set forth in such regulations, to make a fixation of a
transmission program directly from a transmission to the public, and to
reproduce one copy or phonorecord from such fixation for archival
purposes.

(2) Such regulations shall also provide standards and procedures by
which the Register of Copyrights may make written demand, upon the owner
of the right of transmission in the United States, for the deposit of a
copy or phonorecord of a specific transmission program. Such deposit
may, at the option of the owner of the right of transmission in the
United States, be accomplished by gift, by loan for purposes of
reproduction, or by sale at a price not to exceed the cost of
reproducing and supplying the copy or phonorecord. The regulations
established under this clause shall provide reasonable periods of not
less than three months for compliance with a demand, and shall allow for
extensions of such periods and adjustments in the scope of the demand or
the methods for fulfilling it, as reasonably warranted by the
circumstances. Willful failure or refusal to comply with the conditions
prescribed by such regulations shall subject the owner of the right of
transmission in the United States to liability for an amount, not to
exceed the cost of reproducing and supplying the copy or phonorecord in
question, to be paid into a specially designated fund in the Library of
Congress.

(3) Nothing in this subsection shall be construed to require the making
or retention, for purpo