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
of copyright or of any right under the Trademark Act 
of 1946. 
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 Movie Act of 
2004’’. 
SEC. 2. EXEMPTION FROM COPYRIGHT INFRINGEMENT FOR 
SKIPPING OF AUDIO OR VIDEO CONTENT OF 
MOTION PICTURES. 
Section 110 of title 17, United States Code, is amend-
ed— 
(1) in paragraph (9), by striking ‘‘and’’ after the 
semicolon at the end; 
(2) in paragraph (10), by striking the period at 
the end and inserting ‘‘; and’’; and 
(3) by inserting after paragraph (10) the fol-
lowing: 
‘‘(11)(A) the making of limited portions of audio 
or video content of a motion picture imperceptible by 
or for the owner or other lawful possessor of an au-
thorized copy of that motion picture in the course of 
viewing of that work for private use in a household, 
by means of consumer equipment or services that— 
‘‘(i) are operated by an individual in that 
household;
‘‘(ii) serve only such household; and 
‘‘(iii) do not create a fixed copy of the al-
tered version; and 
‘‘(B) the use of technology to make such audio or 
video content imperceptible, that does not create a 
fixed copy of the altered version.’’. 
SEC. 3. EXEMPTION FROM TRADEMARK INFRINGEMENT 
FOR SKIPPING OF AUDIO OR VIDEO CONTENT 
OF MOTION PICTURES. 
Section 32 of the Trademark Act of 1946 (15 U.S.C. 
1114) is amended by adding at the end the following: 
‘‘(3)(A) Any person who engages in the conduct de-
scribed in paragraph (11) of section 110 of title 17, United 
States Code, and who complies with the requirements set 
forth in that paragraph is not liable on account of such 
conduct for a violation of any right under this Act. 
‘‘(B) A manufacturer, licensee, or licensor of tech-
nology that enables the making of limited portions of audio 
or video content of a motion picture imperceptible that is 
authorized under subparagraph (A) is not liable on account 
of such manufacture or license for a violation of any right 
under this Act. Such manufacturer, licensee, or licensor 
shall ensure that the technology provides a clear and con-
spicuous notice that the performance of the motion picture
is altered from the performance intended by the director or 
copyright holder of the motion picture. 
‘‘(C) Any manufacturer, licensee, or licensor of tech-
nology described in subparagraph (B) who fails to comply 
with the requirement under subparagraph (B) to provide 
notice with respect to a motion picture shall be liable in 
a civil action brought by the copyright owner of the motion 
picture that is modified by the technology in an amount 
not to exceed $1,000 for each such motion picture. 
‘‘(D) The requirement under subparagraph (B) to pro-
vide notice, and the provisions of subparagraph (C), shall 
apply only with respect to technology manufactured after 
the end of the 180-day period beginning on the date of the 
enactment of the Family Movie Act of 2004.’’. 
SEC. 4. DEFINITION. 
In this Act, the term ‘‘Trademark Act of 1946’’ means 
the Act entitled ‘‘An Act to provide for the registration and 
protection of trademarks used in commerce, to carry out 
the provisions of certain international conventions, and for 
other purposes’’, approved July 5, 1946 (15 U.S.C. 1051 
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 pri-
vate 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 Com-
mittee of the Whole House on the State of the Union, 
and ordered to be printed