I 
109TH CONGRESS 
1ST SESSION 
H. R. 357 
To provide for the protection of intellectual property rights, and for other 
purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 25, 2005 
Mr. SMITH of Texas (for himself, Mr. GOODLATTE, and Mr. JENKINS) intro-
duced the following bill; which was referred to the Committee on the Ju-
diciary, and in addition to the Committee on House Administration, for 
a period to be subsequently determined by the Speaker, in each case for 
consideration of such provisions as fall within the jurisdiction of the com-
mittee concerned 
A BILL 
To provide for the protection of intellectual property rights, 
and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Family Entertainment 
and Copyright Act of 2005’’.
TITLE I—ARTISTS’ RIGHTS AND 
THEFT PREVENTION 
SEC. 101. SHORT TITLE. 
This title may be cited as the ‘‘Artists’ Rights and 
Theft Prevention Act of 2005’’ or the ‘‘ART Act’’. 
SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RE-
CORDING OF MOTION PICTURES IN A MO-
TION PICTURE EXHIBITION FACILITY. 
(a) IN GENERAL.—Chapter 113 of title 18, United 
States Code, is amended by adding after section 2319A 
the following new section: 
‘‘§ 2319B. Unauthorized recording of motion pictures 
in a motion picture exhibition facility 
‘‘(a) OFFENSE.—Any person who, without the au-
thorization of the copyright owner, knowingly uses or at-
tempts to use an audiovisual recording device to transmit 
or make a copy of a motion picture or other audiovisual 
work protected under title 17, or any part thereof, from 
a performance of such work in a motion picture exhibition 
facility, shall— 
‘‘(1) be imprisoned for not more than 3 years, 
fined under this title, or both; or 
‘‘(2) if the offense is a second or subsequent of-
fense, be imprisoned for no more than 6 years, fined 
under this title, or both.
The possession by a person of an audiovisual recording 
device in a motion picture exhibition facility may be con-
sidered as evidence in any proceeding to determine wheth-
er that person committed an offense under this subsection, 
but shall not, by itself, be sufficient to support a conviction 
of that person for such offense. 
‘‘(b) FORFEITURE AND DESTRUCTION.—When a per-
son is convicted of a violation of subsection (a), the court 
in its judgment of conviction shall, in addition to any pen-
alty provided, order the forfeiture and destruction or other 
disposition of all unauthorized copies of motion pictures 
or other audiovisual works protected under title 17, or 
parts thereof, and any audiovisual recording devices or 
other equipment used in connection with the offense. 
‘‘(c) AUTHORIZED ACTIVITIES.—This section does 
not prevent any lawfully authorized investigative, protec-
tive, or intelligence activity by an officer, agent, or em-
ployee of the United States, a State, or a political subdivi-
sion of a State, or by a person acting under a contract 
with the United States, a State, or a political subdivision 
of a State. 
‘‘(d) IMMUNITY FOR THEATERS.—With reasonable 
cause, the owner or lessee of a motion picture exhibition 
facility where a motion picture or other audiovisual work 
is being exhibited, the authorized agent or employee of
such owner or lessee, the licensor of the motion picture 
or other audiovisual work being exhibited, or the agent 
or employee of such licensor— 
‘‘(1) may detain, in a reasonable manner and 
for a reasonable time, any person suspected of a vio-
lation of this section with respect to that motion pic-
ture or audiovisual work for the purpose of ques-
tioning or summoning a law enforcement officer; and 
‘‘(2) shall not be held liable in any civil or 
criminal action arising out of a detention under 
paragraph (1). 
‘‘(e) VICTIM IMPACT STATEMENT.— 
‘‘(1) IN GENERAL.—During the preparation of 
the presentence report under rule 32(c) of the Fed-
eral Rules of Criminal Procedure, victims of an of-
fense under this section shall be permitted to submit 
to the probation officer a victim impact statement 
that identifies the victim of the offense and the ex-
tent and scope of the injury and loss suffered by the 
victim, including the estimated economic impact of 
the offense on that victim. 
‘‘(2) CONTENTS.—A victim impact statement 
submitted under this subsection shall include—
‘‘(A) producers and sellers of legitimate 
works affected by conduct involved in the of-
fense; 
‘‘(B) holders of intellectual property rights 
in the works described in subparagraph (A); 
and 
‘‘(C) the legal representatives of such pro-
ducers, sellers, and holders. 
‘‘(f) STATE LAW NOT PREEMPTED.—Nothing in this 
section may be construed to annul or limit any rights or 
remedies under the laws of any State. 
‘‘(g) DEFINITIONS.—In this section, the following 
definitions shall apply: 
‘‘(1) 
TITLE
DEFINITIONS.—The 
terms 
‘audiovisual work’, ‘copy’, ‘copyright owner’, ‘motion 
picture’, ‘motion picture exhibition facility’, and 
‘transmit’ have, respectively, the meanings given 
those terms in section 101 of title 17. 
‘‘(2) AUDIOVISUAL
RECORDING
DEVICE.—The 
term ‘audiovisual recording device’ means a digital 
or analog photographic or video camera, or any 
other technology or device capable of enabling the 
recording or transmission of a copyrighted motion 
picture or other audiovisual work, or any part there-