Theatrical Motion Picture Authorship Act of 1995

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 noneconomic interests in that motion picture. 
The noneconomic 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 
applies, 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 intestate 
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)''.

Summary: Theatrical Motion Picture Authorship Act of 1995 - Declares that the principal director, screenwriter, and cinematographer of a theatrical motion picture have the noneconomic interests in such picture. Describes such interests as the right of the director, screenwriter, or cinematographer to: (1) claim that he or she was the director, screenwriter, or cinematographer of the picture. (2) prevent the use of his or her name as the director, screenwriter, or cinematographer of pictures of which he or she was not the director, screenwriter, or cinematographer. And (3) prevent any intentional distortion, mutilation, or other modification of the picture which would be prejudicial to his or her honor or reputation. Permits the exercise of such rights whether or not the person is the copyright owner. Requires the duration of such interests to be coextensive with exclusive copyright rights in the picture. Prohibits the transfer of such interests, but authorizes the exercise of such interests by heirs. Authorizes the waiver of such rights, but prohibits: (1) the execution of the written instrument containing the waiver before the first public performance of the motion picture. And (2) consideration exceeding one dollar to be given for the grant of the waiver. Revises copyright ownership provisions to provide that the principal director, screenwriter, and cinematographer shall be considered authors with respect to ownership of noneconomic interests in theatrical motion pictures. Considers violations of rights granted by this Act to be infringements.