I 

108TH CONGRESS 

2D SESSION H. R. 4586

To provide that making limited portions of audio or video content of motion 

pictures imperceptible by or for the owner or other lawful possessor 

of an authorized copy of that motion picture for private home viewing, 

and the use of technology therefor, is not an infringement of copyright 

or of any right under the Trademark Act of 1946. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 16, 2004

Mr. SMITH of Texas (for himself and Mr. FORBES) introduced the following 

bill; which was referred to the Committee on the Judiciary 

A BILL

To provide that making limited portions of audio or video 

content of motion pictures imperceptible by or for the 

owner or other lawful possessor of an authorized copy 

of that motion picture for private home viewing, and 

the use of technology therefor, is not an infringement 

of copyright or of any right under the Trademark Act 

of 1946.

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 ‘‘Family Movie Act of 

5 2004’’ . 
2

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1 SEC. 2. EXEMPTION FROM COPYRIGHT INFRINGEMENT FOR 

2 SKIPPING OF AUDIO OR VIDEO CONTENT OF 

3 MOTION PICTURES. 

4 Section 110 of title 17, United States Code, is 

5 amended—

6 (1) in paragraph (9), by striking ‘‘and’’ after 

7 the semicolon at the end; 

8 (2) in paragraph (10), by striking the period at 

9 the end and inserting ‘‘; and’’; and 

10 (3) by inserting after paragraph (10) the fol11 lowing: 

12 ‘‘(11)(A) the making of limited portions of 

13 audio or video content of a motion picture impercep14 tible by or for the owner or other lawful possessor 

15 of an authorized copy of that motion picture in the 

16 course of viewing of that work for private use in a 

17 household, by means of consumer equipment or serv18 ices that are operated by an individual in that 

19 household and serve only such household; and 

20 ‘‘(B) the use of technology to make such audio 

21 or video content imperceptible, that does not create 

22 a fixed copy of the altered version.’’. 
3

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1 SEC. 3. EXEMPTION FROM TRADEMARK INFRINGEMENT 

2 FOR SKIPPING OF AUDIO OR VIDEO CONTENT 

3 OF MOTION PICTURES. 

4 Section 31 of the Trademark Act of 1946 (15 U.S.C. 

5 1114) is amended by adding at the end the following: 

6 ‘‘(3)(A) Any person who engages in the conduct de7 scribed in paragraph (11) of section 110 of title 17, 

8 United States Code, and who complies with the require9 ments set forth in that paragraph is not liable on account 

10 of such conduct for a violation of any right under this Act. 

11 ‘‘(B) A manufacturer of technology that enables the 

12 making of limited portions of audio or video content of 

13 a motion picture imperceptible that is authorized under 

14 subparagraph (A) is not liable on account of such manu15 facture for a violation of any right under this Act. Such 

16 manufacturer shall ensure that the technology provides a 

17 clear and conspicuous notice that the performance of the 

18 motion picture is altered from the performance intended 

19 by the director or copyright holder of the motion picture. 

20 ‘‘(C) Any manufacturer of technology described in 

21 subparagraph (B) who fails to comply with the require22 ments of subparagraph (B) with respect to a motion pic23 ture shall be liable in a civil action brought by the copy24 right owner of the motion picture that is modified by the 

25 technology in an amount not to exceed $1,000 for each 

26 such motion picture.’’. 
4

•HR 4586 IH 

1 SEC. 4. DEFINITION. 

2 In this Act, the term ‘‘Trademark Act of 1946’’ 

3 means the Act entitled ‘‘An Act to provide for the registra4 tion and protection of trademarks used in commerce, to 

5 carry out the provisions of certain international conven6 tions, and for other purposes’’, approved July 5, 1945 (15 

7 U.S.C. 1051 et seq.).

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