[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4586 Introduced in House (IH)]






108th CONGRESS
  2d Session
                                H. R. 4586

 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

_______________________________________________________________________

                                 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 
        are operated by an individual in that household and serve only 
        such household; 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 31 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 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 for a violation of any right under this 
Act. Such manufacturer 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 of technology described in subparagraph (B) 
who fails to comply with the requirements of subparagraph (B) 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.''.

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, 
1945 (15 U.S.C. 1051 et seq.).
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