Family Entertainment and Copyright Act of 2005 -Artists' Rights and Theft Prevention Act of 2005 or (ART Act) - Amends the Federal criminal code to prohibit the unauthorized, knowing use of a video camera or similar device to transmit or make a copy of a copyrighted audiovisual work from a performance in a movie theater.
Establishes criminal penalties for willful copyright infringement by knowingly making a computer program, musical work, motion picture, or sound recording being prepared for commercial distribution available to the public on a computer network.
Family Movie Act of 2005 - Exempts from copyright and trademark infringement, under certain circumstances: (1) making limited portions of the audio or video content of a motion picture for private home viewing imperceptible; or (2) the creation of technology that enables such editing.
National Film Preservation Act of 2005 - Amends the National Film Preservation Act of 1996 to direct the Librarian of Congress to carry out preservation activities, including generating public awareness of the National Film Registry, updating the national film preservation program with technological advances, and utilizing the National Audio-Visual Conservation Center to ensure that Registry films are properly stored and disseminated in accordance with copyright law and any relevant agreements. Reauthorizes film preservation provisions.
National Film Preservation Foundation Reauthorization Act of 2005 - Allows the Foundation's board of directors to determine the location of its principal office. Authorizes appropriations to the Library of Congress for the Foundation.
Preservation of Orphan Works Act - Provides that the limitation on reproduction and distribution of copyrighted works does not apply to the authority of libraries or archives, during the last 20 years of copyright, to reproduce, distribute, display, or perform in facsimile or digital form a copy or phonorecord of published works for preservation, scholarship, or research under certain conditions.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 357 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 357
To provide for the protection of intellectual property rights, and for
other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 2005
Mr. Smith of Texas (for himself, Mr. Goodlatte, and Mr. Jenkins)
introduced the following bill; which was referred to the Committee on
the Judiciary, and in addition to the Committee on House
Administration, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall
within the jurisdiction of the committee concerned
_______________________________________________________________________
A BILL
To provide for the protection of intellectual property rights, and for
other purposes.
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 Entertainment and Copyright
Act of 2005''.
TITLE I--ARTISTS' RIGHTS AND THEFT PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ``Artists' Rights and Theft
Prevention Act of 2005'' or the ``ART Act''.
SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF MOTION
PICTURES IN A MOTION PICTURE EXHIBITION FACILITY.
(a) In General.--Chapter 113 of title 18, United States Code, is
amended by adding after section 2319A the following new section:
``Sec. 2319B. Unauthorized recording of motion pictures in a motion
picture exhibition facility
``(a) Offense.--Any person who, without the authorization of the
copyright owner, knowingly uses or attempts to use an audiovisual
recording device to transmit or make a copy of a motion picture or
other audiovisual work protected under title 17, or any part thereof,
from a performance of such work in a motion picture exhibition
facility, shall--
``(1) be imprisoned for not more than 3 years, fined under
this title, or both; or
``(2) if the offense is a second or subsequent offense, be
imprisoned for no more than 6 years, fined under this title, or
both.
The possession by a person of an audiovisual recording device in a
motion picture exhibition facility may be considered as evidence in any
proceeding to determine whether that person committed an offense under
this subsection, but shall not, by itself, be sufficient to support a
conviction of that person for such offense.
``(b) Forfeiture and Destruction.--When a person is convicted of a
violation of subsection (a), the court in its judgment of conviction
shall, in addition to any penalty provided, order the forfeiture and
destruction or other disposition of all unauthorized copies of motion
pictures or other audiovisual works protected under title 17, or parts
thereof, and any audiovisual recording devices or other equipment used
in connection with the offense.
``(c) Authorized Activities.--This section does not prevent any
lawfully authorized investigative, protective, or intelligence activity
by an officer, agent, or employee of the United States, a State, or a
political subdivision of a State, or by a person acting under a
contract with the United States, a State, or a political subdivision of
a State.
``(d) Immunity for Theaters.--With reasonable cause, the owner or
lessee of a motion picture exhibition facility where a motion picture
or other audiovisual work is being exhibited, the authorized agent or
employee of such owner or lessee, the licensor of the motion picture or
other audiovisual work being exhibited, or the agent or employee of
such licensor--
``(1) may detain, in a reasonable manner and for a
reasonable time, any person suspected of a violation of this
section with respect to that motion picture or audiovisual work
for the purpose of questioning or summoning a law enforcement
officer; and
``(2) shall not be held liable in any civil or criminal
action arising out of a detention under paragraph (1).
``(e) Victim Impact Statement.--
``(1) In general.--During the preparation of the
presentence report under rule 32(c) of the Federal Rules of
Criminal Procedure, victims of an offense under this section
shall be permitted to submit to the probation officer a victim
impact statement that identifies the victim of the offense and
the extent and scope of the injury and loss suffered by the
victim, including the estimated economic impact of the offense
on that victim.
``(2) Contents.--A victim impact statement submitted under
this subsection shall include--
``(A) producers and sellers of legitimate works
affected by conduct involved in the offense;
``(B) holders of intellectual property rights in
the works described in subparagraph (A); and
``(C) the legal representatives of such producers,
sellers, and holders.
``(f) State Law Not Preempted.--Nothing in this section may be
construed to annul or limit any rights or remedies under the laws of
any State.
``(g) Definitions.--In this section, the following definitions
shall apply:
``(1) Title 17 definitions.--The terms `audiovisual work',
`copy', `copyright owner', `motion picture', `motion picture
exhibition facility', and `transmit' have, respectively, the
meanings given those terms in section 101 of title 17.
``(2) Audiovisual recording device.--The term `audiovisual
recording device' means a digital or analog photographic or
video camera, or any other technology or device capable of
enabling the recording or transmission of a copyrighted motion
picture or other audiovisual work, or any part thereof,
regardless of whether audiovisual recording is the sole or
primary purpose of the device.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 113 of title 18, United States Code, is amended by inserting
after the item relating to section 2319A the following:
``2319B. Unauthorized recording of motion pictures in a motion picture
exhibition facility.''.
(c) Definition.--Section 101 of title 17, United States Code, is
amended by inserting after the definition of ``Motion pictures'' the
following: ``The term `motion picture exhibition facility' means a
movie theater, screening room, or other venue that is being used
primarily for the exhibition of a copyrighted motion picture, if such
exhibition is open to the public or is made to an assembled group of
viewers outside of a normal circle of a family and its social
acquaintances.''.
SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL
DISTRIBUTION.
(a) Prohibited Acts.--Section 506(a) of title 17, United States
Code, is amended to read as follows:
``(a) Criminal Infringement.--
``(1) In general.--Any person who willfully infringes a
copyright shall be punished as provided under section 2319 of
title 18, if the infringement was committed--
``(A) for purposes of commercial advantage or
private financial gain;
``(B) by the reproduction or distribution,
including by electronic means, during any 180-day
period, of 1 or more copies or phonorecords of 1 or
more copyrighted works, which have a total retail value
of more than $1,000; or
``(C) by the distribution of a work being prepared
for commercial distribution, by making it available on
a computer network accessible to members of the public,
if such person knew or should have known that the work
was intended for commercial distribution.
``(2) Evidence.--For purposes of this subsection, evidence
of reproduction or distribution of a copyrighted work, by
itself, shall not be sufficient to establish willful
infringement of a copyright.
``(3) Definition.--In this subsection, the term `work being
prepared for commercial distribution' means--
``(A) a computer program, a musical work, a motion
picture or other audiovisual work, or a sound
recording, if, at the time of unauthorized
distribution--
``(i) the copyright owner has a reasonable
expectation of commercial distribution; and
``(ii) the copies or phonorecords of the
work have not been commercially distributed; or
``(B) a motion picture, if, at the time of
unauthorized distribution, the motion picture--
``(i) has been made available for viewing
in a motion picture exhibition facility; and
``(ii) has not been made available in
copies for sale to the general public in the
United States in a format intended to permit
viewing outside a motion picture exhibition
facility.''.
(b) Criminal Penalties.--Section 2319 of title 18, United States
Code, is amended--
(1) in subsection (a)--
(A) by striking ``Whoever'' and inserting ``Any
person who''; and
(B) by striking ``and (c) of this section'' and
inserting ``, (c), and (d)'';
(2) in subsection (b), by striking ``section 506(a)(1)''
and inserting ``section 506(a)(1)(A)'';
(3) in subsection (c), by striking ``section 506(a)(2) of
title 17, United States Code'' and inserting ``section
506(a)(1)(B) of title 17'';
(4) by redesignating subsections (d) and (e) as subsections
(e) and (f), respectively;
(5) by adding after subsection (c) the following:
``(d) Any person who commits an offense under section 506(a)(1)(C)
of title 17--
``(1) shall be imprisoned not more than 3 years, fined
under this title, or both;
``(2) shall be imprisoned not more than 5 years, fined
under this title, or both, if the offense was committed for
purposes of commercial advantage or private financial gain;
``(3) shall be imprisoned not more than 6 years, fined
under this title, or both, if the offense is a second or
subsequent offense; and
``(4) shall be imprisoned not more than 10 years, fined
under this title, or both, if the offense is a second or
subsequent offense under paragraph (2).''; and
(6) in subsection (f), as redesignated--
(A) in paragraph (1), by striking ``and'' at the
end;
(B) in paragraph (2), by striking the period at the
end and inserting a semicolon; and
(C) by adding at the end the following:
``(3) the term `financial gain' has the meaning given the
term in section 101 of title 17; and
``(4) the term `work being prepared for commercial
distribution' has the meaning given the term in section 506(a)
of title 17.''.
SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR
COMMERCIAL DISTRIBUTION.
(a) Preregistration.--Section 408 of title 17, United States Code,
is amended by adding at the end the following:
``(f) Preregistration of Works Being Prepared for Commercial
Distribution.--
``(1) Rulemaking.--Not later than 180 days after the date
of enactment of this subsection, the Register of Copyrights
shall issue regulations to establish procedures for
preregistration of a work that is being prepared for commercial
distribution and has not been published.
``(2) Class of works.--The regulations established under
paragraph (1) shall permit preregistration for any work that is
in a class of works that the Register determines has had a
history of infringement prior to authorized commercial
distribution.
``(3) Application for registration.--Not later than 3
months after the first publication of a work preregistered
under this subsection, the applicant shall submit to the
Copyright Office--
``(A) an application for registration of the work;
``(B) a deposit; and
``(C) the applicable fee.
``(4) Effect of untimely application.--An action under this
chapter for infringement of a work preregistered under this
subsection, in a case in which the infringement commenced no
later than 2 months after the first publication of the work,
shall be dismissed if the items described in paragraph (3) are
not submitted to the Copyright Office in proper form within the
earlier of--
``(A) 3 months after the first publication of the
work; or
``(B) 1 month after the copyright owner has learned
of the infringement.''.
(b) Infringement Actions.--Section 411(a) of title 17, United
States Code, is amended by inserting ``preregistration or'' after
``shall be instituted until''.
(c) Exclusion.--Section 412 of title 17, United States Code, is
amended by inserting after ``section 106A(a)'' the following: ``, an
action for infringement of the copyright of a work that has been
preregistered under section 408(f) before the commencement of the
infringement and that has an effective date of registration not later
than the earlier of 3 months after the first publication of the work or
1 month after the copyright owner has learned of the infringement,''.
SEC. 105. FEDERAL SENTENCING GUIDELINES.
(a) Review and Amendment.--Not later than 180 days after the date
of enactment of this Act, the United States Sentencing Commission,
pursuant to its authority under section 994 of title 28, United States
Code, and in accordance with this section, shall review and, if
appropriate, amend the Federal sentencing guidelines and policy
statements applicable to persons convicted of intellectual property
rights crimes, including any offense under--
(1) section 506, 1201, or 1202 of title 17, United States
Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18,
United States Code.
(b) Authorization.--The United States Sentencing Commission may
amend the Federal sentencing guidelines in accordance with the
procedures set forth in section 21(a) of the Sentencing Act of 1987 (28
U.S.C. 994 note) as though the authority under that section had not
expired.
(c) Responsibilities of United States Sentencing Commission.--In
carrying out this section, the United States Sentencing Commission
shall--
(1) take all appropriate measures to ensure that the
Federal sentencing guidelines and policy statements described
in subsection (a) are sufficiently stringent to deter, and
adequately reflect the nature of, intellectual property rights
crimes;
(2) determine whether to provide a sentencing enhancement
for those convicted of the offenses described in subsection
(a), if the conduct involves the display, performance,
publication, reproduction, or distribution of a copyrighted
work before it has been authorized by the copyright owner,
whether in the media format used by the infringing party or in
any other media format;
(3) determine whether the scope of ``uploading'' set forth
in application note 3 of section 2B5.3 of the Federal
sentencing guidelines is adequate to address the loss
attributable to people who, without authorization, broadly
distribute copyrighted works over the Internet; and
(4) determine whether the sentencing guidelines and policy
statements applicable to the offenses described in subsection
(a) adequately reflect any harm to victims from copyright
infringement if law enforcement authorities cannot determine
how many times copyrighted material has been reproduced or
distributed.
TITLE II--EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO
CONTENT IN MOTION PICTURES
SEC. 201. SHORT TITLE.
This title may be cited as the ``Family Movie Act of 2005''.
SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO
CONTENT IN MOTION PICTURES.
(a) In General.--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'';
(3) by inserting after paragraph (10) the following:
``(11) the making imperceptible, by or at the direction of
a member of a private household, of limited portions of audio
or video content of a motion picture, during a performance in
or transmitted to that household for private home viewing, from
an authorized copy of the motion picture, or the creation or
provision of a computer program or other technology that
enables such making imperceptible and that is designed and
marketed to be used, at the direction of a member of a private
household, for such making imperceptible, if no fixed copy of
the altered version of the motion picture is created by such
computer program or other technology.''; and
(4) by adding at the end the following:
``For purposes of paragraph (11), the term ``making imperceptible''
does not include the addition of audio or video content that is
performed or displayed over or in place of existing content in a motion
picture.
``Nothing in paragraph (11) shall be construed to imply further
rights under section 106 of this title, or to have any effect on
defenses or limitations on rights granted under any other section of
this title or under any other paragraph of this section.''.
(b) Exemption From Trademark Infringement.--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. This subparagraph does not preclude liability, nor shall it
be construed to restrict the defenses or limitations on rights granted
under this Act, of a person for conduct not described in paragraph (11)
of section 110 of title 17, United States Code, even if that person
also engages in conduct described in paragraph (11) of section 110 of
such title.
``(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 as described in subparagraph (A) is not
liable on account of such manufacture or license for a violation of any
right under this Act, if such manufacturer, licensee, or licensor
ensures that the technology provides a clear and conspicuous notice at
the beginning of each performance that the performance of the motion
picture is altered from the performance intended by the director or
copyright holder of the motion picture. The limitations on liability in
subparagraph (A) and this subparagraph shall not apply to a
manufacturer, licensee, or licensor of technology that fails to comply
with this paragraph.
``(C) The requirement under subparagraph (B) to provide notice
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 2005.
``(D) Any failure by a manufacturer, licensee, or licensor of
technology to qualify for the exemption under subparagraphs (A) and (B)
shall not be construed to create an inference that any such party that
engages in conduct described in paragraph (11) of section 110 of title
17, United States Code, is liable for trademark infringement by reason
of such conduct.''.
(c) Definition.--In this section, 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.).
TITLE III--NATIONAL FILM PRESERVATION
Subtitle A--Reauthorization of the National Film Preservation Board
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ``National Film Preservation Act
of 2005''.
SEC. 302. REAUTHORIZATION AND AMENDMENT.
(a) Duties of the Librarian of Congress.--Section 103 of the
National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended--
(1) in subsection (b)--
(A) by striking ``film copy'' each place that term
appears and inserting ``film or other approved copy'';
(B) by striking ``film copies'' each place that
term appears and inserting ``film or other approved
copies''; and
(C) in the third sentence, by striking
``copyrighted'' and inserting ``copyrighted, mass
distributed, broadcast, or published''; and
(2) by adding at the end the following:
``(c) Coordination of Program With Other Collection, Preservation,
and Accessibility Activities.--In carrying out the comprehensive
national film preservation program for motion pictures established
under the National Film Preservation Act of 1992, the Librarian, in
consultation with the Board established pursuant to section 104,
shall--
``(1) carry out activities to make films included in the
National Film registry more broadly accessible for research and
educational purposes, and to generate public awareness and
support of the Registry and the comprehensive national film
preservation program;
``(2) review the comprehensive national film preservation
plan, and amend it to the extent necessary to ensure that it
addresses technological advances in the preservation and
storage of, and access to film collections in multiple formats;
and
``(3) wherever possible, undertake expanded initiatives to
ensure the preservation of the moving image heritage of the
United States, including film, videotape, television, and born
digital moving image formats, by supporting the work of the
National Audio-Visual Conservation Center of the Library of
Congress, and other appropriate nonprofit archival and
preservation organizations.''.
(b) National Film Preservation Board.--Section 104 of the National
Film Preservation Act of 1996 (2 U.S.C. 179n) is amended--
(1) in subsection (a)(1) by striking ``20'' and inserting
``22'';
(2) in subsection (a)(2) by striking ``three'' and
inserting ``5'';
(3) in subsection (d) by striking ``11'' and inserting
``12''; and
(4) by striking subsection (e) and inserting the following:
``(e) Reimbursement of Expenses.--Members of the Board shall serve
without pay, but may receive travel expenses, including per diem in
lieu of subsistence, in accordance with sections 5702 and 5703 of title
5, United States Code.''.
(c) National Film Registry.--Section 106 of the National Film
Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the
end the following:
``(e) National Audio-Visual Conservation Center.--The Librarian
shall utilize the National Audio-Visual Conservation Center of the
Library of Congress at Culpeper, Virginia, to ensure that preserved
films included in the National Film Registry are stored in a proper
manner, and disseminated to researchers, scholars, and the public as
may be appropriate in accordance with--
``(1) title 17, United States Code; and
``(2) the terms of any agreements between the Librarian and
persons who hold copyrights to such audiovisual works.''.
(d) Use of Seal.--Section 107(a) of the National Film Preservation
Act of 1996 (2 U.S.C. 179q(a)) is amended--
(1) in paragraph (1), by inserting ``in any format'' after
``or any copy''; and
(2) in paragraph (2), by striking ``or film copy'' and
inserting ``in any format''.
(e) Effective Date.--Section 113 of the National Film Preservation
Act of 1996 (2 U.S.C. 179w) is amended by striking ``7'' and inserting
``12''.
Subtitle B--Reauthorization of the National Film Preservation
Foundation
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ``National Film Preservation
Foundation Reauthorization Act of 2005''.
SEC. 312. REAUTHORIZATION AND AMENDMENT.
(a) Board of Directors.--Section 151703 of title 36, United States
Code, is amended--
(1) in subsection (b)(2)(A), by striking ``nine'' and
inserting ``12''; and
(2) in subsection (b)(4), by striking the second sentence
and inserting ``There shall be no limit to the number of terms
to which any individual may be appointed.''.
(b) Powers.--Section 151705 of title 36, United States Code, is
amended in subsection (b) by striking ``District of Columbia'' and
inserting ``the jurisdiction in which the principal office of the
corporation is located''.
(c) Principal Office.--Section 151706 of title 36, United States
Code, is amended by inserting ``, or another place as determined by the
board of directors'' after ``District of Columbia''.
(d) Authorization of Appropriations.--Section 151711 of title 36,
United States Code, is amended by striking subsections (a) and (b) and
inserting the following:
``(a) Authorization of Appropriations.--There are authorized to be
appropriated to the Library of Congress amounts necessary to carry out
this chapter, not to exceed $530,000 for each of the fiscal years 2005
through 2009. These amounts are to be made available to the corporation
to match any private contributions (whether in currency, services, or
property) made to the corporation by private persons and State and
local governments.
``(b) Limitation Related to Administrative Expenses.--Amounts
authorized under this section may not be used by the corporation for
management and general or fundraising expenses as reported to the
Internal Revenue Service as part of an annual information return
required under the Internal Revenue Code of 1986.''.
TITLE IV--PRESERVATION OF ORPHAN WORKS
SEC. 401. SHORT TITLE.
This title may be cited as the ``Preservation of Orphan Works
Act''.
SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND ARCHIVES.
Section 108(i) of title 17, United States Code, is amended by
striking ``(b) and (c)'' and inserting ``(b), (c), and (h)''.
<all>
Introduced in House
Introduced in House
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Committee on the Judiciary, and in addition to the Committee on House Administration, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.
Referred to the Subcommittee on Courts, the Internet, and Intellectual Property.
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