IB 

Union Calendar No. 410 

108TH CONGRESS 

2D SESSION H. R. 4586 

[Report No. 108–670] 

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 

SEPTEMBER 8, 2004 

Additional sponsors: Mr. BOUCHER, Mr. BLUNT, and Mr. PITTS

SEPTEMBER 8, 2004 

Reported with an amendment, committed to the Committee of the Whole 

House on the State of the Union, and ordered to be printed 

[Strike out all after the enacting clause and insert the part printed in italic] 

[For text of introduced bill, see copy of bill as introduced on June 16, 2004] 

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 
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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’’. 

6 SEC. 2. EXEMPTION FROM COPYRIGHT INFRINGEMENT FOR 

7 SKIPPING OF AUDIO OR VIDEO CONTENT OF 

8 MOTION PICTURES. 

9 Section 110 of title 17, United States Code, is amend10 ed— 

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

12 semicolon at the end; 

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

14 the end and inserting ‘‘; and’’; and 

15 (3) by inserting after paragraph (10) the fol16 lowing: 

17 ‘‘(11)(A) the making of limited portions of audio 

18 or video content of a motion picture imperceptible by 

19 or for the owner or other lawful possessor of an au20 thorized copy of that motion picture in the course of 

21 viewing of that work for private use in a household, 

22 by means of consumer equipment or services that— 

23 ‘‘(i) are operated by an individual in that 

24 household; 
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1 ‘‘(ii) serve only such household; and 

2 ‘‘(iii) do not create a fixed copy of the al3 tered version; and 

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

5 video content imperceptible, that does not create a 

6 fixed copy of the altered version.’’. 

7 SEC. 3. EXEMPTION FROM TRADEMARK INFRINGEMENT 

8 FOR SKIPPING OF AUDIO OR VIDEO CONTENT 

9 OF MOTION PICTURES. 

10 Section 32 of the Trademark Act of 1946 (15 U.S.C. 

11 1114) is amended by adding at the end the following: 

12 ‘‘(3)(A) Any person who engages in the conduct de13 scribed in paragraph (11) of section 110 of title 17, United 

14 States Code, and who complies with the requirements set 

15 forth in that paragraph is not liable on account of such 

16 conduct for a violation of any right under this Act. 

17 ‘‘(B) A manufacturer, licensee, or licensor of tech18 nology that enables the making of limited portions of audio 

19 or video content of a motion picture imperceptible that is 

20 authorized under subparagraph (A) is not liable on account 

21 of such manufacture or license for a violation of any right 

22 under this Act. Such manufacturer, licensee, or licensor 

23 shall ensure that the technology provides a clear and con24 spicuous notice that the performance of the motion picture 
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1 is altered from the performance intended by the director or 

2 copyright holder of the motion picture. 

3 ‘‘(C) Any manufacturer, licensee, or licensor of tech4 nology described in subparagraph (B) who fails to comply 

5 with the requirement under subparagraph (B) to provide 

6 notice with respect to a motion picture shall be liable in 

7 a civil action brought by the copyright owner of the motion 

8 picture that is modified by the technology in an amount 

9 not to exceed $1,000 for each such motion picture. 

10 ‘‘(D) The requirement under subparagraph (B) to pro11 vide notice, and the provisions of subparagraph (C), shall 

12 apply only with respect to technology manufactured after 

13 the end of the 180-day period beginning on the date of the 

14 enactment of the Family Movie Act of 2004.’’. 

15 SEC. 4. DEFINITION. 

16 In this Act, the term ‘‘Trademark Act of 1946’’ means 

17 the Act entitled ‘‘An Act to provide for the registration and 

18 protection of trademarks used in commerce, to carry out 

19 the provisions of certain international conventions, and for 

20 other purposes’’, approved July 5, 1946 (15 U.S.C. 1051 

21 et seq.). 

Union Calendar No. 410 

108TH CONGRESS 

2D SESSION H. R. 4586 

[Report No. 108–670] 

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. 

SEPTEMBER 8, 2004 

Reported with an amendment, committed to the Committee of the Whole House on the State of the Union, 

and ordered to be printed