Family Movie Act Clarification Act of 2018

Family Movie Act Clarification Act of 2018

This bill revises copyright law to permit an individual to make certain changes to a motion picture in a personal capacity. Specifically, the bill allows an individual to make limited portions of a motion picture imperceptible during the individual's private viewing. Additionally, a service that enables these changes to a motion picture is permitted. The bill applies only if no fixed copy of the altered version is created.

No motion picture copyright owner may take action to prevent an individual or a service from modifying a motion picture in accordance with this bill.

This bill makes conforming amendments to trademark law.

[Congressional Bills 115th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6816 Introduced in House (IH)]

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115th CONGRESS
  2d Session
                                H. R. 6816

 To amend title 17, United States Code, to exempt certain performances 
   from copyright and trademark infringement, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           September 13, 2018

Mrs. Love (for herself, Mr. Biggs, Mr. Curtis, Mr. Bishop of Utah, and 
 Mr. Stewart) introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To amend title 17, United States Code, to exempt certain performances 
   from copyright and trademark infringement, 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 Movie Act Clarification Act 
of 2018''.

SEC. 2. AMENDMENTS TO THE EXEMPTION OF CERTAIN PERFORMANCES.

    (a) In General.--Section 110 of title 17, United States Code, is 
amended--
            (1) in paragraph (10), by striking ``; and'' and inserting 
        a semicolon;
            (2) in paragraph (11), by striking the period at the end 
        and inserting ``; and'';
            (3) by inserting after paragraph (11) the following new 
        paragraph:
            ``(12) the making imperceptible by or at the direction of 
        an individual, acting in a personal capacity, of limited 
        portions of audio or video content of a motion picture, during 
        a performance transmitted to that individual for private 
        viewing, directly or indirectly from an authorized copy or 
        digital transmission of the motion picture, or the provision of 
        a service that enables such making imperceptible, if no fixed 
        copy of the altered version of the motion picture is 
        created.'';
            (4) by striking ``For purposes of paragraph (11)'' and 
        inserting ``For purposes of paragraph (11) and (12)''; and
            (5) by adding at the end, the following:
            ``For purposes of paragraph (12)--
                    ``(A) no person asserting the rights of a motion 
                picture copyright owner may prevent or impede by 
                contract the provision of a service as described in 
                such paragraph;
                    ``(B) no person providing an authorized digital 
                transmission of a motion picture to any individual may 
                modify technical aspects of its transmission service 
                for the purpose of preventing such individual from 
                receiving a transmission as authorized by such 
                paragraph; and
                    ``(C) neither the circumvention of access controls 
                for the purpose of providing a service described in 
                such paragraph nor the use of technology that allows 
                such service to be provided at a cost and quality 
                comparable to that of the authorized stream under such 
                paragraph violates any provision of this title if there 
                is no demonstrated and avoidable economic injury to the 
                copyright owner or the authorized digital transmission 
                provider.''.
    (b) Conforming Amendment.--Section 32(3) of 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. 
1114(3)), commonly referred to as the ``Trademark Act of 1946'' or the 
``Lanham Act'', is amended by inserting ``or (12)'' after ``paragraph 
(11)'' each place it appears.
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