[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 2349 Introduced in Senate (IS)]







108th CONGRESS
  2d Session
                                S. 2349

 To modify the application of the antitrust laws to permit collective 
    development and implementation of a standard contract form for 
             playwrights for the licensing of their plays.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 26, 2004

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

_______________________________________________________________________

                                 A BILL


 
 To modify the application of the antitrust laws to permit collective 
    development and implementation of a standard contract form for 
             playwrights for the licensing of their plays.

    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 ``Playwrights Licensing Antitrust 
Initiative Act of 2004''.

SEC. 2. NONAPPLICATION OF ANTITRUST LAWS.

    (a) In General.--Subject to subsection (c), the antitrust laws 
shall not apply to any joint discussion, consideration, review, action, 
or agreement for the express purpose of, and limited to, the 
development of a standard form contract containing minimum terms of 
artistic protection and levels of compensation for playwrights by means 
of--
            (1) meetings, discussions, and negotiations between or 
        among playwrights or their representatives and producers or 
        their representatives; or
            (2) joint or collective voluntary actions for the limited 
        purposes of developing a standard form contract by playwrights 
        or their representatives.
    (b) Adoption and Implementation.--Subject to subsection (c), the 
antitrust laws shall not apply to any joint discussion, consideration, 
review, or action for the express purpose of, and limited to, reaching 
a collective agreement among playwrights adopting a standard form 
contract developed pursuant to subsection (a) as the participating 
playwrights sole and exclusive means by which participating playwrights 
shall license their plays to producers.
    (c) Amendment of Contract.--A standard form of contract developed 
and implemented under subsections (a) and (b) shall be subject to 
amendment by individual playwrights and producers consistent with the 
terms of the standard form contract.

SEC. 3. DEFINITIONS.

    In this Act:
            (1) Antitrust laws.--The term ``antitrust laws'' has the 
        meaning given it in section (a) of the first section of the 
        Clayton Act (15 U.S.C. 12) except that such term includes 
        section 5 of the Federal Trade Commission Act (15 U.S.C. 45) to 
        the extent that such section applies to unfair methods of 
        competition.
            (2) Playwright.--The term ``playwright'' means the author, 
        composer, or lyricist of a dramatic or musical work intended to 
        be performed on the speaking stage and shall include, where 
        appropriate, the adapter of a work from another medium.
            (3) Producer.--The term ``producer''--
                    (A) means any person who obtains the rights to 
                present live stage productions of a play; and
                    (B) includes any person who presents a play as 
                first class performances in major cities, as well as 
                those who present plays in regional and not-for-profit 
                theaters.
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