[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