[Congressional Record Volume 141, Number 49 (Thursday, March 16, 1995)]
[Extensions of Remarks]
[Pages E615-E616]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]


            THEATRICAL MOTION PICTURE AUTHORSHIP ACT OF 1995

                                 ______


                            HON. JOHN BRYANT

                                of texas

                    in the house of representatives

                       Wednesday, March 15, 1995
  Mr. BRYANT of Texas. Mr. Speaker, today I am pleased to introduce 
legislation, Theatrical Motion Picture Authorship Act of 1995, to amend 
the Copyright Act to add to the definition of author of motion pictures 
the director, screenwriter, and cinematographer--for non-economic 
purposes.
  I am introducing this bill to stimulate discussion on an issue that 
remains contentious between film artists and film financiers; also 
between the United States and our advanced trading partners.
  This is one of those hot button issues that invariably emerges at 
international copyright meetings as we try to achieve a higher degree 
of copyright harmony internationally.
  This is also an issue which must be addressed as we move into the 
digital age of the information superhighway.
  I am introducing this proposal because it is the right thing to do. 
Because of the work-for-hire doctrine under which our creative artists 
[[Page E616]] work, U.S. law regards corporations as the legal author 
of a film.
  We then end up with situations which are absurd. Is the Sony 
Corporation the author of ``The Bridge on the River Kwai''? Is the 
Turner Corporation the author of ``Citizen Kane''? Is Universal Studios 
the author of ``E.T.''?
  My legislation does not overturn the work-for-hire doctrine or in any 
way disturb the economics of moviemaking or the export of any film 
product.
  The measure does seek to give directors, screenwriters, and 
cinematographers the legal tools necessary to defend the integrity of 
their work, if there is an egregious effort to alter it for other 
distribution purposes after its theatrical release.
  I regard filmmaking as an art form--and filmmakers are artists. Those 
who finance films rhetorically agree with this statement, but their 
real interest is in making as much money from a film product as 
possible.
  If this desire to maximize profits requires a radical alteration in 
the film, the financial owner may make that alteration with no 
consideration of the resulting creative mayhem.
  I understand that there will be substantial opposition to this 
measure from the financial interests, but the discussion and debate 
that its introduction will inspire will be healthy and valuable.
  I trust this legislation will lead to a negotiated resolution of the 
legal role of the creative artists in the film industry. However, we 
ought to at least examine the issue of giving non-economic rights to 
filmmakers. These are the men and women who care most passionately 
about their work as a part of our country's culture.
  Let the artists be the guardians of their art.
  I will ask Chairman Moorhead for a hearing on this issue in the near 
future so that all parties may fully address the rights of creative 
artists. I hope Senator Hatch will do the same in the Senate.
  I invite my colleagues to join me in supporting this bill and thereby 
preserve the integrity of our creative artists in our wonderful film 
industry.
                                H.R. --

       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 ``Theatrical Motion Picture 
     Authorship Act of 1995''.

     SEC. 2. THEATRICAL MOTION PICTURE DEFINED.

       Section 101 of title 17, United States Code, is amended by 
     inserting after the paragraph defining ``State'' the 
     following:
       ``A `theatrical motion picture' is a motion picture of 60 
     minutes duration or greater intended for public exhibition, 
     public performance, public sale, or lease, and includes made 
     for television motion pictures, but does not include episodic 
     television programs of less than 60 minutes duration 
     (exclusive of commercials), motion pictures prepared for 
     private commercial or industrial purposes, or program-length 
     commercials.''.

     SEC. 3. NONECONOMIC INTERESTS OF THEATRICAL MOTION PICTURE 
                   ARTISTS.

       (a) In General.--Chapter 1 of title 17, United States Code, 
     is amended by inserting after section 106A the following:

     Sec. 106B. Noneconomic interests of certain theatrical motion 
       picture artists

       ``(a) Noneconomic Interests.--Subject to section 107 and 
     independent of the exclusive rights provided in section 106, 
     the principal director, screenwriter, and cinematographer of 
     a theatrical motion picture have the non-economic interests 
     in that motion picture. The non-economic interests in a 
     theatrical motion picture that are referred to in the 
     preceding sentence are of the principal director, 
     screenwriter, or cinematographer--
       ``(1) the right of the principal director, screenwriter, or 
     cinematographer (as the case may be) of that motion picture 
     to claim that he or she was the principal director, 
     screenwriter, or cinematographer (as the case may be) of that 
     motion picture;
       ``(2) the right of the principal director, screenwriter, or 
     cinematographer (as the case may be) of that motion picture 
     to prevent the use of his or her name as the principal 
     director, screenwriter, or cinematographer (as the case may 
     be) of a theatrical motion picture of which he or she was not 
     the principal director, screenwriter, or cinematographer (as 
     the case may be); and
       ``(3) the right of the principal director, screenwriter, or 
     cinematographer (as the case may be) of that motion picture 
     to prevent any intentional distortion, mutilation, or other 
     modification of that motion picture which would be 
     prejudicial to his or her honor or reputation.
       ``(b) Scope and Exercise of Rights.--Only a physical person 
     may exercise the rights conferred by subsection (a) in a 
     theatrical motion picture, but such rights may be exercised 
     whether or not that person is the copyright owner.
       ``(c) Duration of Rights.--The duration of the noneconomic 
     interests in a theatrical motion picture shall be coextensive 
     with, and shall expire at the same time as, the rights 
     conferred by section 106 in that motion picture.
       ``(d) Transfer and Waiver.--The noneconomic interests in a 
     theatrical motion picture may not be transferred, but they 
     may be exercised by the heir of the principal director, 
     screenwriter, or cinematographer, as the case may be. Those 
     rights may be waived if the principal director, screenwriter, 
     or cinematographer, as the case may be, expressly agrees to 
     such waiver in a written instrument signed by such person, 
     except that--
       ``(1) such written instrument may not be executed before 
     the first public performance of the motion picture (after 
     previews and trial runs); and
       ``(2) no consideration in excess of one dollar may be given 
     for the grant of the waiver.
     Such instrument shall specifically identify the theatrical 
     motion picture and the uses of that motion picture to which 
     the waiver supplies, and the waiver shall apply only to the 
     motion picture and uses so identified.
       ``(e) Definition.--As used in this section, the term `heir' 
     means the person to whom the noneconomic interests conferred 
     by this section are bequeathed by will or pass by the 
     applicable laws of interstate succession.''.
       (b) Conforming Amendment.--The table of sections at the 
     beginning of chapter 1 of title 17, United States Code, is 
     amended by inserting after the item relating to section 106A 
     the following:
``106B. Noneconomic interests of certain theatrical motion picture 
              artists''.
     SEC. 4. CLARIFICATION OF AUTHORSHIP.

       Section 201(b) of title 17, United States Code, is 
     amended--
       (1) by striking ``In the case of a work made for hire,'' 
     and inserting ``In the case of a work made for hire, except 
     in the case of theatrical motion pictures with respect to the 
     noneconomic interests in the work,''; and
       (2) by adding at the end the following:
       ``(2) In the case of theatrical motion pictures with 
     respect to ownership of noneconomic interests in the work, 
     the author shall be the principal director, principal 
     screenwriter, and principal cinematographer.''.

     SEC. 5. INFRINGEMENT ACTIONS.

       Section 501(a) of title 17, United States Code, is amended 
     in the first sentence by inserting ``or in section 106B(a)'' 
     after ``of the author as provided in section 106A(a)''.
     

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