I

104TH CONGRESS

1ST SESSION H. R. 1244

To amend title 17, United States Code, to identify the author of a theatrical

motion picture as a physical person for purposes of noneconomic interests

in that work.

IN THE HOUSE OF REPRESENTATIVES

MARCH 15, 1995

Mr. BRYANT of Texas introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To amend title 17, United States Code, to identify the author

of a theatrical motion picture as a physical person for

purposes of noneconomic interests in that work.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Theatrical Motion Pic5 ture Authorship Act of 1995’’.

6 SEC. 2. THEATRICAL MOTION PICTURE DEFINED.

7 Section 101 of title 17, United States Code, is

8 amended by inserting after the paragraph defining

9 ‘‘State’’ the following:
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1 ‘‘A ‘theatrical motion picture’ is a motion pic2 ture of 60 minutes duration or greater intended for

3 public exhibition, public performance, public sale, or

4 lease, and includes made for television motion pic5 tures, but does not include episodic television pro6 grams of less than 60 minutes duration (exclusive of

7 commercials), motion pictures prepared for private

8 commercial or industrial purposes, or program9 length commercials.’’.

10 SEC. 3. NONECONOMIC INTERESTS OF THEATRICAL MO11 TION PICTURE ARTISTS.

12 (a) IN GENERAL.—Chapter 1 of title 17, United

13 States Code, is amended by inserting after section 106A

14 the following:

15 ‘‘§ 106B. Noneconomic interests of certain theatrical

16 motion picture artists

17 ‘‘(a) NONECONOMIC INTERESTS.—Subject to section

18 107 and independent of the exclusive rights provided in

19 section 106, the principal director, screenwriter, and cine20 matographer of a theatrical motion picture have the non21 economic interests in that motion picture. The non22 economic interests in a theatrical motion picture that are

23 referred to in the preceding sentence are of the principal

24 director, screenwriter, or cinematographer—
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1 ‘‘(1) the right of the principal director, screen2 writer, or cinematographer (as the case may be) of

3 that motion picture to claim that he or she was the

4 principal director, screenwriter, or cinematographer

5 (as the case may be) of that motion picture;

6 ‘‘(2) the right of the principal director, screen7 writer, or cinematographer (as the case may be) of

8 that motion picture to prevent the use of his or her

9 name as the principal director, screenwriter, or cine10 matographer (as the case may be) of a theatrical

11 motion picture of which he or she was not the prin12 cipal director, screenwriter, or cinematographer (as

13 the case may be); and

14 ‘‘(3) the right of the principal director, screen15 writer, or cinematographer (as the case may be) of

16 that motion picture to prevent any intentional dis17 tortion, mutilation, or other modification of that mo18 tion picture which would be prejudicial to his or her

19 honor or reputation.

20 ‘‘(b) SCOPE AND EXERCISE OF RIGHTS.—Only a

21 physical person may exercise the rights conferred by sub22 section (a) in a theatrical motion picture, but such rights

23 may be exercised whether or not that person is the copy24 right owner.
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1 ‘‘(c) DURATION OF RIGHTS.—The duration of the

2 noneconomic interests in a theatrical motion picture shall

3 be coextensive with, and shall expire at the same time as,

4 the rights conferred by section 106 in that motion picture.

5 ‘‘(d) TRANSFER AND WAIVER.—The noneconomic in6 terests in a theatrical motion picture may not be trans7 ferred, but they may be exercised by the heir of the prin8 cipal director, screenwriter, or cinematographer, as the

9 case may be. Those rights may be waived if the principal

10 director, screenwriter, or cinematographer, as the case

11 may be, expressly agrees to such waiver in a written in12 strument signed by such person, except that—

13 ‘‘(1) such written instrument may not be exe14 cuted before the first public performance of the mo15 tion picture (after previews and trial runs); and

16 ‘‘(2) no consideration in excess of one dollar

17 may be given for the grant of the waiver.

18 Such instrument shall specifically identify the theatrical

19 motion picture and the uses of that motion picture to

20 which the waiver applies, and the waiver shall apply only

21 to the motion picture and uses so identified.

22 ‘‘(e) DEFINITION.—As used in this section, the term

23 ‘heir’ means the person to whom the noneconomic inter24 ests conferred by this section are bequeathed by will or

25 pass by the applicable laws of intestate succession.’’.
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1 (b) CONFORMING AMENDMENT.—The table of sec2 tions at the beginning of chapter 1 of title 17, United

3 States Code, is amended by inserting after the item relat4 ing to section 106A the following:

‘‘106B. Noneconomic interests of certain theatrical motion picture artists’’.

5 SEC. 4. CLARIFICATION OF AUTHORSHIP.

6 Section 201(b) of title 17, United States Code, is

7 amended—

8 (1) by striking ‘‘In the case of a work made for

9 hire,’’ and inserting ‘‘In the case of a work made for

10 hire, except in the case of theatrical motion pictures

11 with respect to the noneconomic interests in the

12 work,’’; and

13 (2) by adding at the end the following:

14 ‘‘(2) In the case of theatrical motion pictures with

15 respect to ownership of noneconomic interests in the work,

16 the author shall be the principal director, principal screen17 writer, and principal cinematographer.’’.

18 SEC. 5. INFRINGEMENT ACTIONS.

19 Section 501(a) of title 17, United States Code, is

20 amended in the first sentence by inserting ‘‘or in section

21 106B(a)’’ after ‘‘of the author as provided in section

22 106A(a)’’.

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