[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1181 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                S. 1181

To amend 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'', enacted 
  July 5, 1946 (commonly known as the Lanham Act), to require certain 
           disclosures relating to materially altered films.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             June 30, 1993

 Mr. Simpson (for himself and Mr. Metzenbaum) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend 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'', enacted 
  July 5, 1946 (commonly known as the Lanham Act), to require certain 
           disclosures relating to materially altered films.

    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 ``Film Disclosure Act of 1993''.

SEC. 2. FINDINGS.

    The Congress finds that--
            (1) motion pictures are an American art form that uniquely 
        captures and preserves our national and cultural heritage;
            (2) the integrity of a motion picture is compromised and 
        diminished when the motion picture is sold, leased, or 
        exhibited in a materially altered form;
            (3) the public is misled when motion pictures are sold, 
        leased, or exhibited in a materially altered form;
            (4) the public has a right to know whether a motion picture 
        which is being sold, leased, or exhibited has been materially 
        altered;
            (5) the reputation of the artistic author of a motion 
        picture may be harmed when the original work is sold, leased, 
        or exhibited in a materially altered form;
            (6) the artistic authors of a motion picture must have the 
        right to indicate their objections to any material alterations 
        made to their work because otherwise the motion picture 
        misrepresents their work;
            (7) the practice of materially altering motion pictures can 
        result in the discouragement of artistic creation in the motion 
        picture field; and
            (8) the Government has an interest in the encouragement of 
        artistic creation through protection of an artistic author's 
        reputation.

SEC. 3. AMENDMENT TO THE LANHAM ACT.

    Section 43 of 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, commonly known as the Lanham Act (15 
U.S.C. 1125), is amended by adding at the end thereof the following:
    ``(c)(1)(A) Each public exhibition of a materially altered motion 
picture, and each copy of a materially altered motion picture offered 
to the public through sale or lease (including its film packaging), 
shall include a label which clearly and conspicuously discloses the 
following:
            ``(i) The film has been materially altered from the form in 
        which it was first released to the public.
            ``(ii) The nature of the alteration.
            ``(iii) The fact of objection, if any, by the artistic 
        authors of the motion picture to any such alteration.
    ``(B) Any distributor or network that proposes to exploit a 
materially altered film in the manner set forth in subparagraph (A) 
shall--
            ``(i) make a good faith effort to notify in writing and by 
        registered mail and in a reasonable amount of time prior to 
        such exploitation those individuals described in paragraph 
        (5)(B);
            ``(ii) determine the objections of any individual so 
        notified to any specific material alteration of the motion 
        picture;
            ``(iii) determine the objection of any individual so 
        notified by the questionnaire set forth in paragraph (9) to any 
        type of future material alterations which are in addition to 
        those specifically proposed for the motion picture to be 
        exploited;
            ``(iv) include or affix the label required under 
        subparagraph (A) prior to the public performance of a 
        materially altered motion picture already in distribution or 
        the initial distribution of a materially altered motion picture 
        to any exhibitor or retail provider of motion pictures intended 
        for home use; and
            ``(v) in the event of affirmative objections by the 
        artistic author to any future material alterations, include or 
        affix such objections to any copy of a motion picture 
        distributed or transmitted to any exhibitor or retail provider.
    ``(C) Whenever a distributor or network exploits a motion picture 
which has already been materially altered, such distributor or network 
shall not be required to satisfy the obligations set forth in 
subparagraph (B) (i), (ii), and (iii), if--
            ``(i) such distributor or network does not further 
        materially alter such motion picture; and
            ``(ii) such motion picture was materially altered by 
        another distributor or network that complied fully with all of 
        the obligations set forth in subparagraph (B).
    ``(D)(i) The requirement of a good faith effort under subparagraph 
(B)(i) is satisfied if a distributor or network that has not previously 
been notified by each individual in paragraph (5)(B)--
            ``(I) requests in writing the name and address of each such 
        individual from the appropriate Professional Guild Registry, 
        indicating a response date of no earlier than 30 days following 
        the date of the request, by which the appropriate professional 
        guild must respond; and
            ``(II) upon receipt of such information from the 
        appropriate professional guild within the time specified in the 
        request, notifies each such individual reasonably in advance of 
        the date upon which the motion picture is to be released into 
        any secondary market.
    ``(ii) The notice to the artistic author shall contain a specific 
date, no earlier than 30 days following the date of such notice, by 
which the individual so notified shall respond in accordance with 
subparagraph (B)(ii). Failure of the artistic author or the appropriate 
professional guild to respond within the time period specified shall 
relieve the distributor or network of all liability under subparagraph 
(B) (except for clause (iv) of such subparagraph);
    ``(E) The obligations of an exhibitor shall be limited to--
            ``(i) broadcasting, cablecasting, exhibiting or 
        distributing all labels required under this section in their 
        entirety as included with or distributed by the network or 
        distributor of the motion picture; and
            ``(ii) including or affixing a label as described in 
        paragraphs (6) and (8) on a materially altered motion picture 
        as required under paragraph (1)(A) for any material alterations 
        performed by the exhibitor to which the individuals described 
        in paragraph (5)(B) have objected through the questionnaire 
        procedure described in paragraph (1)(B)(iii).
    ``(F)(i) The provisions of this paragraph shall apply with respect 
to motion pictures intended for home use through either retail purchase 
or rental, except no requirement imposed under this paragraph shall 
apply to a motion picture which has been packaged for distribution to 
retail providers before the effective date of this section.
    ``(ii) The obligations of a retail provider of motion pictures 
intended for home use shall be limited to including or distributing all 
labels required under this section in their entirety as affixed or 
included by a distributor or network.
    ``(G) There shall be no consideration in excess of one dollar given 
in exchange for an artistic author's waiver of any objection or waiver 
of the right to object under this subsection.
    ``(2)(A) Any artistic author of a motion picture publicly exhibited 
or offered to the public through sale or lease within the United States 
who believes he is or is likely to be damaged by a violation of this 
subsection may obtain appropriate relief with respect to any violation 
of this paragraph without regard to the nationality or domicile of the 
artistic author.
    ``(B)(i) In any action under subparagraph (A), the court shall have 
power to grant injunctions, according to the principles of equity and 
upon such terms as the court may deem reasonable, to prevent the 
violation of any right of an artistic author. Any such injunction may 
include a provision directing the defendant to file with the court and 
serve on the plaintiff within thirty days after the service on the 
defendant of such injunction, or such extended period as the court may 
direct, a report in writing under oath setting forth in detail the 
manner and form in which the defendant has complied with the 
injunction. Any such injunction granted upon hearing, after notice to 
the defendant, by any district court of the United States--
            ``(I) may be served on the parties against whom such 
        injunction is granted anywhere in the United States where they 
        may be found; and
            ``(II) shall be operative and may be enforced by 
        proceedings to punish for contempt, or otherwise, by the court 
        by which such injunction was granted, or by any other United 
        States district court in whose jurisdiction the defendant may 
        be found.
    ``(ii) When a violation of any right of an artistic author shall 
have been established in any civil action arising under this section, 
the plaintiff shall be entitled to the remedies provided under section 
35(a).
    ``(iii) In any action under subparagraph (A), the court may order 
that all film packaging of a materially altered motion picture 
(including film packages of motion pictures intended for home use 
through either retail purchase or rental) that is the subject of the 
violation shall be delivered up and destroyed.
    ``(C) No action shall be maintained under this subsection unless it 
is commenced within 1 year after the claim accrues.
    ``(3) Any disclosure requirements imposed under the common law or 
statutes of any State respecting the material alteration of theatrical 
motion pictures are preempted.
    ``(4) To facilitate location of a potentially aggrieved party, each 
individual identified in paragraph (5)(B) may notify the copyright 
owner of the motion picture or, as appropriate, one or more of the 
organizations maintaining a Professional Guild Registry. These 
organizations may maintain a current registry of persons so notifying 
them and may make available such information in their possession to 
facilitate the location of any individual so registered for purposes of 
paragraph (1)(B). No cause of action shall accrue against any of the 
professional guilds listed in such section for failure to create or 
maintain a Professional Guild Registry or for any failure to provide 
information pursuant to paragraph (1)(B)(i).
    ``(5) As used in this subsection:
            ``(A) The term `film' or `motion picture' means a 
        theatrical motion picture after its publication.
            ``(B) The term `artistic author' means--
                    ``(i) the principal director, principal 
                screenwriter, and, to the extent a theatrical motion 
                picture is colorized or its photographic images 
                materially altered, the principal cinematographer of 
                the film; or
                    ``(ii) in the event that an individual listed in 
                clause (i) is deceased or incapacitated, the heir or 
                heirs of that individual.
            ``(C) The term `to colorize' or `colorization' means to add 
        color, by whatever means, to a published version of a 
        theatrical motion picture originally made in black and white.
            ``(D) The term `distributor' means any person, vendor, or 
        syndicator who engages in the wholesale distribution of motion 
        pictures to any exhibitor, network, retail provider or other 
        person who publicly performs motion pictures by means of any 
        technology, except such term shall not include laboratories or 
        other providers of technical services to the motion picture, 
        video or television industry.
            ``(E) The term `heir' means any person to whom a right 
        passes by bequest or by the applicable laws of intestate 
        succession.
            ``(F) The term `lexiconning' means to alter the sound track 
        to conform the speed of the vocal or musical portion of a 
        theatrical motion picture which has been the subject of time 
        compression or expansion.
            ``(G) The term `exhibitor' means any local broadcast 
        station, cable system, airline or motion picture theatre or 
        other person that publicly performs a motion picture by means 
        of any technology.
            ``(H) The term `material alteration' means any change, with 
        the exception of changes excluded by this subparagraph, made to 
        a motion picture after its publication. Material alteration 
        includes, but is not limited to, the processes of colorization, 
        lexiconning, time compression or expansion, panning and 
        scanning and editing (purposeful or accidental removal of 
        existing material or insertion of new material). Material 
        alteration does not include insertions for commercial breaks or 
        public service announcements, editing to comply with the 
        requirements of the Federal Communications Commission (in this 
        subsection referred to as the `FCC'), transfer of film to 
        videotape or any other secondary media now in existence or 
        developed hereafter, preparation of a motion picture for 
        foreign distribution (subtitling and editing limited to those 
        alterations made under foreign standards which are no more 
        stringent than existing FCC standards) or legitimate film 
        preservation activities (the primary purpose of which is the 
        restoration of the motion picture to its original version).
            ``(I) The term `network' means any person who distributes 
        motion pictures to broadcasting stations or cable systems on a 
        regional or national basis for public performance on an 
        interconnected basis.
            ``(J) The term `panning and scanning' means the process by 
        which a motion picture, composed for viewing on theatre 
        screens, is adapted for viewing on television screens by 
        modification of the aspect ratio (ratio of width to height) of 
        the motion picture and the selection, by someone other than the 
        motion picture's principal director, of some portion of the 
        entire picture for viewing.
            ``(K) The term `Professional Guild Registry' means a list 
        of names and addresses of persons readily available from the 
        files of (i) in the case of directors, the Directors Guild of 
        America (DGA); (ii) in the case of screenwriters, the Writers 
        Guild of America-West (WGA-W) and the Writers Guild of America-
        East (WGA-E); and (iii) in the case of cinematographers, the 
        International Photographers Guild (IPG), and the American 
        Society of Cinematographers (ASC).
            ``(L) The term `publication', with respect to a motion 
        picture, means the first paid public exhibition of the work 
        following previews, trial runs and festivals.
            ``(M) The term `retail provider' means the proprietor of a 
        retail outlet that sells or leases motion pictures for home 
        use.
            ``(N) The term `secondary media' means any medium, 
        including but not limited to video cassette or video disc, 
        other than television broadcast or theatrical release, now in 
        existence or hereafter developed, by which motion pictures are 
        sold, leased, or distributed to the public.
            ``(O) The term `syndicator' means any person who 
        distributes a motion picture to a broadcast television station, 
        cable television system, or any other means of distribution by 
        which programming is delivered to television viewers.
            ``(P) The term `motion picture' means a motion picture of 
        60 minutes duration or greater, intended for exhibition, public 
        performance, public sale or lease. Such term does not include 
        episodic television programs of less than 60 minutes duration 
        (exclusive of commercials), motion pictures prepared for 
        private commercial or industrial purposes, and advertisements.
            ``(Q) The terms `time compression' and `time expansion' 
        mean to alter the speed of a theatrical motion picture or a 
        portion thereof with the result of shortening or lengthening 
        the running time of the work in order to fit the picture into a 
        television schedule, airline schedule, or secondary media 
        length.
            ``(R) The term `vendor' means the wholesaler or packager of 
        a motion picture which is intended for wholesale distribution 
        to retail providers.
    ``(6)(A) A label for a materially altered version of a theatrical 
motion picture intended for public performance or home use shall 
consist of a panel card immediately preceding and adjacent to the 
commencement of the motion picture, which bears one or more of the 
following statements, as appropriate, in legible type and displayed on 
a conspicuous and readable basis:
    `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and 
______ secs. have been cut [or, if appropriate, added]. The [insert, if 
appropriate: heirs of the] director, __________________ 
____________________, and [insert, if appropriate: the heirs of the] 
screenwriter, __________________ ____________________, object because 
this alteration changes the narrative and/or characterization. It has 
(also) been panned and scanned. The director and [insert, if 
appropriate: the heirs of the] cinematographer, __________________ 
____________________, object because this alteration removes visual 
information and changes the composition of the images. It has (also) 
been colorized. Colors have been added by computer to the original 
black and white images. The director and cinematographer object to this 
alteration because it eliminates the black and white photography and 
changes the photographic images of the actors. It has (also) been 
electronically speeded up (or slowed down). The director objects 
because this alteration changes the pace of the performances.'
    ``(B) A label for a motion picture that has been materially altered 
in a manner not described by any of the label elements set forth in 
subparagraph (A) shall contain a statement similar in form and 
substance to those set forth in subparagraph (A) which accurately 
describes the material alteration and the objection of the artistic 
author.
    ``(7) A label for a motion picture which has been materially 
altered in multiple ways, or of which an individual served as more than 
one artistic author, including the principal director and principal 
screenwriter, need only state the name of the artistic author once, in 
the first objection of the artistic author so listed. In addition, a 
label for a motion picture which has been materially altered in 
multiple ways needs only state once, at the beginning of the label: 
THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.
    ``(8) A label for a film package of a materially altered motion 
picture shall consist of--
            ``(A) an area of a rectangle on the front of the package 
        which bears, as appropriate, one or more of the statements 
        listed in paragraph (6) in a conspicuous and legible type in 
        contrast by typography, layout, or color with other printed 
        matter on the package; and
            ``(B) an area of a rectangle on the side of the package 
        which bears, as appropriate, one or more of the statements 
        listed in paragraph (6) in a conspicuous and legible type in 
        contrast by typography, layout, or color with other printed 
        matter on the package.
    ``(9) The questionnaire required under paragraph (1)(B)(iii) shall 
consist of the following statement and related questions:
            `In order to conform [insert name of motion picture], of 
        which you are an ``artistic author'' (or the heir thereto), to 
        ancillary media such as television, airline exhibition, video 
        cassettes, video discs, or any other media hereafter developed, 
        do you object to:
    `(a) Editing (purposeful or accidental deletion or addition of 
program material)?
            Yes____________      No______________
    `(b) Time compression/time expansion/lexiconning?
            Yes____________      No______________
    `(c) Panning and scanning?
            Yes____________      No______________
    `(d) Colorization, if the motion picture was originally made in 
black and white?
            Yes____________      No______________
    `(e) If the artistic author of the motion picture listed above is 
deceased or incapacitated, are you the heir of the artistic author?
            Yes____________      No______________' ''.

SEC. 4. EFFECTIVE DATE.

    (a) In General.--Except as provided in subsection (b), this Act and 
the amendment made by this Act shall take effect on the date of 
enactment of this Act.
    (b) Special Rule.--Paragraphs (1) and (2) of section 43(c) of 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 (commonly known as the Lanham Act) (as added by section 3 of this 
Act) shall take effect 180 days after the date of the enactment of this 
Act.

                                 <all>

S 1181 IS----2