I 
115TH CONGRESS 
2D SESSION 
H. R. 6816 
To amend title 17, United States Code, to exempt certain performances 
from copyright and trademark infringement, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
SEPTEMBER 13, 2018 
Mrs. LOVE (for herself, Mr. BIGGS, Mr. CURTIS, Mr. BISHOP of Utah, and 
Mr. STEWART) introduced the following bill; which was referred to the 
Committee on the Judiciary 
A BILL 
To amend title 17, United States Code, to exempt certain 
performances from copyright and trademark infringe-
ment, 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 Movie Act 
Clarification Act of 2018’’. 
SEC. 2. AMENDMENTS TO THE EXEMPTION OF CERTAIN 
PERFORMANCES. 
(a) IN GENERAL.—Section 110 of title 17, United 
States Code, is amended— 
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(1) in paragraph (10), by striking ‘‘; and’’ and 
inserting a semicolon; 
(2) in paragraph (11), by striking the period at 
the end and inserting ‘‘; and’’; 
(3) by inserting after paragraph (11) the fol-
lowing new paragraph: 
‘‘(12) the making imperceptible by or at the di-
rection of an individual, acting in a personal capac-
ity, of limited portions of audio or video content of 
a motion picture, during a performance transmitted 
to that individual for private viewing, directly or in-
directly from an authorized copy or digital trans-
mission of the motion picture, or the provision of a 
service that enables such making imperceptible, if no 
fixed copy of the altered version of the motion pic-
ture is created.’’; 
(4) by striking ‘‘For purposes of paragraph 
(11)’’ and inserting ‘‘For purposes of paragraph 
(11) and (12)’’; and 
(5) by adding at the end, the following: 
‘‘For purposes of paragraph (12)— 
‘‘(A) no person asserting the rights of a 
motion picture copyright owner may prevent or 
impede by contract the provision of a service as 
described in such paragraph; 
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‘‘(B) no person providing an authorized 
digital transmission of a motion picture to any 
individual may modify technical aspects of its 
transmission service for the purpose of pre-
venting such individual from receiving a trans-
mission as authorized by such paragraph; and 
‘‘(C) neither the circumvention of access 
controls for the purpose of providing a service 
described in such paragraph nor the use of 
technology that allows such service to be pro-
vided at a cost and quality comparable to that 
of the authorized stream under such paragraph 
violates any provision of this title if there is no 
demonstrated and avoidable economic injury to 
the copyright owner or the authorized digital 
transmission provider.’’. 
(b) CONFORMING AMENDMENT.—Section 32(3) of 
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. 1114(3)), commonly referred to as the ‘‘Trade-
mark Act of 1946’’ or the ‘‘Lanham Act’’, is amended by 
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inserting ‘‘or (12)’’ after ‘‘paragraph (11)’’ each place it 
appears. 
Æ 
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