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.
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 
amended—
(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 impercep-
tible by or for the owner or other lawful possessor 
of an authorized 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 serv-
ices that are operated by an individual in that 
household and serve only such household; 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 31 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 require-
ments 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 of technology 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 manu-
facture for a violation of any right under this Act. Such 
manufacturer shall ensure that the technology provides a 
clear and conspicuous 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 of technology described in 
subparagraph (B) who fails to comply with the require-
ments of subparagraph (B) with respect to a motion pic-
ture shall be liable in a civil action brought by the copy-
right owner of the motion picture that is modified by the 
technology in an amount not to exceed $1,000 for each 
such motion picture.’’.