[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4586 Reported in House (RH)]
Union Calendar No. 410
108th CONGRESS
2d Session
H. R. 4586
[Report No. 108-670]
To provide that making limited portions of audio or video content of
motion pictures imperceptible by or for the owner or other lawful
possessor of an authorized copy of that motion picture for private home
viewing, and the use of technology therefor, is not an infringement of
copyright or of any right under the Trademark Act of 1946.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
June 16, 2004
Mr. Smith of Texas (for himself and Mr. Forbes) introduced the
following bill; which was referred to the Committee on the Judiciary
September 8, 2004
Additional sponsors: Mr. Boucher, Mr. Blunt, and Mr. Pitts
September 8, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on June
16, 2004]
_______________________________________________________________________
A BILL
To provide that making limited portions of audio or video content of
motion pictures imperceptible by or for the owner or other lawful
possessor of an authorized copy of that motion picture for private home
viewing, and the use of technology therefor, is not an infringement of
copyright or of any right under the Trademark Act of 1946.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Family Movie Act of 2004''.
SEC. 2. EXEMPTION FROM COPYRIGHT INFRINGEMENT FOR SKIPPING OF AUDIO OR
VIDEO CONTENT OF MOTION PICTURES.
Section 110 of title 17, United States Code, is amended--
(1) in paragraph (9), by striking ``and'' after the
semicolon at the end;
(2) in paragraph (10), by striking the period at the end
and inserting ``; and''; and
(3) by inserting after paragraph (10) the following:
``(11)(A) the making of limited portions of audio or video
content of a motion picture imperceptible by or for the owner
or other lawful possessor of an authorized copy of that motion
picture in the course of viewing of that work for private use
in a household, by means of consumer equipment or services
that--
``(i) are operated by an individual in that
household;
``(ii) serve only such household; and
``(iii) do not create a fixed copy of the altered
version; and
``(B) the use of technology to make such audio or video
content imperceptible, that does not create a fixed copy of the
altered version.''.
SEC. 3. EXEMPTION FROM TRADEMARK INFRINGEMENT FOR SKIPPING OF AUDIO OR
VIDEO CONTENT OF MOTION PICTURES.
Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended
by adding at the end the following:
``(3)(A) Any person who engages in the conduct described in
paragraph (11) of section 110 of title 17, United States Code, and who
complies with the requirements set forth in that paragraph is not
liable on account of such conduct for a violation of any right under
this Act.
``(B) A manufacturer, licensee, or licensor of technology that
enables the making of limited portions of audio or video content of a
motion picture imperceptible that is authorized under subparagraph (A)
is not liable on account of such manufacture or license for a violation
of any right under this Act. Such manufacturer, licensee, or licensor
shall ensure that the technology provides a clear and conspicuous
notice that the performance of the motion picture is altered from the
performance intended by the director or copyright holder of the motion
picture.
``(C) Any manufacturer, licensee, or licensor of technology
described in subparagraph (B) who fails to comply with the requirement
under subparagraph (B) to provide notice with respect to a motion
picture shall be liable in a civil action brought by the copyright
owner of the motion picture that is modified by the technology in an
amount not to exceed $1,000 for each such motion picture.
``(D) The requirement under subparagraph (B) to provide notice, and
the provisions of subparagraph (C), shall apply only with respect to
technology manufactured after the end of the 180-day period beginning
on the date of the enactment of the Family Movie Act of 2004.''.
SEC. 4. DEFINITION.
In this Act, the term ``Trademark Act of 1946'' means the Act
entitled ``An Act to provide for the registration and protection of
trademarks used in commerce, to carry out the provisions of certain
international conventions, and for other purposes'', approved July 5,
1946 (15 U.S.C. 1051 et seq.).
Union Calendar No. 410
108th CONGRESS
2d Session
H. R. 4586
[Report No. 108-670]
_______________________________________________________________________
A BILL
To provide that making limited portions of audio or video content of
motion pictures imperceptible by or for the owner or other lawful
possessor of an authorized copy of that motion picture for private home
viewing, and the use of technology therefor, is not an infringement of
copyright or of any right under the Trademark Act of 1946.
_______________________________________________________________________
September 8, 2004
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
