article: SECTION 1. SHORT TITLE. This Act may be cited as the ``Film Disclosure Act of 1993''. SEC. 2. AMENDMENT TO THE LANHAM ACT. Section 43 of the Act entitled ``An Act to provide for the registration and protection of trade-marks used in commerce, to carry out the provisions of certain international conventions, and for other purposes'', approved July 5, 1946, commonly known as the Lanham Act (15 U.S.C. 1125), is amended by adding at the end the following: ``(c)(1)(A) Any distributor or network that proposes to exploit a materially altered motion picture shall-- ``(i) make a good faith effort to notify each artistic author of the motion picture in writing and by registered mail and in a reasonable amount of time prior to such exploitation; ``(ii) determine the objections of any artistic author so notified to any material alteration of the motion picture; ``(iii) determine the objection of any artistic author so notified by the questionnaire set forth in paragraph (9) to any type of future material alterations which are in addition to those specifically proposed for the motion picture to be exploited; ``(iv) if any objections under clause (ii) or (iii) are determined, include the applicable label under paragraph (6) or (8) in, or affix such label to, all copies of the motion picture before-- ``(I) the public performance of the materially altered motion picture if it is already in distribution, or ``(II) the initial distribution of the materially altered motion picture to any exhibitor or retail provider; and ``(v) in the event of objections by an artistic author to any future material alterations, include or affix such objections to any copy of the motion picture distributed or transmitted to any exhibitor or retail provider. ``(B) Whenever a distributor or network exploits a motion picture which has already been materially altered, such distributor or network shall not be required to satisfy the requirements of subparagraph (A) (i), (ii), and (iii), if-- ``(i) such distributor or network does not further materially alter such motion picture; and ``(ii) such motion picture was materially altered by another distributor or network that complied fully with all of the requirements of subparagraph (A). ``(C)(i) The requirement of a good faith effort under subparagraph (A)(i) is satisfied if a distributor or network that has not previously been notified by each artistic author of a motion picture-- ``(I) requests in writing the name and address of each artistic author of the motion picture from the appropriate professional guild, indicating a response date of not earlier than 30 days after the date of the request, by which the appropriate professional guild must respond; and ``(II) upon receipt of such information from the appropriate professional guild within the time specified in the request, notifies each artistic author of the motion picture in a reasonable amount of time before the exploitation of the motion picture by such network or distributor. ``(ii) The notice to each artistic author under this paragraph shall contain a specific date, not earlier than 30 days after the date of such notice, by which the individual so notified shall respond in accordance with subparagraph (A)(ii). Failure of the artistic author or the appropriate professional guild to respond within the time period specified in the notice shall relieve the distributor or network of all liability under subparagraph (A). ``(D) The requirements of this paragraph for an exhibitor shall be limited to-- ``(i) broadcasting, cablecasting, exhibiting, or distributing all labels required under this section in their entirety that are included with or distributed by the network or distributor of the motion picture; and ``(ii) including or affixing a label described in paragraphs (6) and (8) on a materially altered motion picture for any material alterations performed by the exhibitor to which any artistic author has objected under subparagraph (A)(iii). ``(E)(i) The provisions of this paragraph shall apply with respect to motion pictures intended for home use through either retail purchase or rental, except that no requirement imposed under this paragraph shall apply to a motion picture which has been packaged for distribution to retail providers before the effective date of this subsection. ``(ii) The obligations under this paragraph of a retail provider of motion pictures intended for home use shall be limited to including or distributing all labels required under this paragraph in their entirety that are affixed or included by a distributor or network. ``(F) There shall be no consideration in excess of one dollar given in exchange for an artistic author's waiver of any objection or waiver of the right to object under this subsection. ``(2)(A) Any artistic author of a motion picture that is exploited within the United States who believes he or she is or is likely to be damaged by a violation of this subsection may bring a civil action for appropriate relief, as provided in this paragraph, on account of such violation, without regard to the nationality or domicile of the artistic author. ``(B)(i) In any action under subparagraph (A), the court shall have power to grant injunctions, according to the principles of equity and upon such terms as the court deems reasonable, to prevent the violation of this subsection. Any such injunction may include a provision directing the defendant to file with the court and serve on the plaintiff, within 30 days after the service on the defendant of such injunction, or such extended period as the court may direct, a report in writing under oath setting forth in detail the manner and form in which the defendant has complied with the injunction. Any such injunction granted upon hearing, after notice to the defendant, by any district court of the United States-- ``(I) may be served on the parties against whom such injunction is granted anywhere in the United States where they may be found; and ``(II) shall be operative and may be enforced by proceedings to punish for contempt, or otherwise, by the court by which such injunction was granted, or by any other United States district court in whose jurisdiction the defendant may be found. ``(ii) When a violation of any right of an artistic author is established in any civil action arising under this subsection, the plaintiff shall be entitled to the remedies provided under section 35(a). ``(iii) In any action under subparagraph (A), the court may order that all film packaging of a materially altered motion picture (including film packages of motion pictures intended for home use through either retail purchase or rental) that is the subject of the violation shall be delivered up and destroyed. ``(C) No action shall be maintained under this paragraph unless it is commenced within 1 year after the right of action accrues. ``(3) Any disclosure requirements imposed under the common law or statutes of any State respecting the material alteration of motion pictures are preempted by this subsection. ``(4) To facilitate the location of a potentially aggrieved party, each artistic author of a motion picture may notify the copyright owner of the motion picture or any appropriate professional guild. The professional guilds may each maintain a Professional Guild Registry including the names and addresses of artistic authors so notifying them and may make available information contained in a Professional Guild Registry in order to facilitate the location of any artistic author for purposes of paragraph (1)(A). No cause of action shall accrue against any professional guild for failure to create or maintain a Professional Guild Registry or for any failure to provide information pursuant to paragraph (1)(A)(i). ``(5) As used in this subsection-- ``(A) the term `artistic author' means the principal director and principal screenwriter of a motion picture and, to the extent a motion picture is colorized or its photographic images materially altered, the principal cinematographer of the motion picture; ``(B) the term `colorize' means to add color, by whatever means, to a motion picture originally made in black and white, and the term `colorization' means the act of colorizing;. ``(C) the term `distributor'-- ``(i) means any person, vendor, or syndicator who engages in the wholesale distribution of motion pictures to any exhibitor, network, retail provider, or other person who publicly performs motion pictures by means of any technology, and ``(ii) does not include laboratories or other providers of technical services to the motion picture, video, or television industry; ``(D) the term `editing' means the purposeful or accidental removal of existing material or insertion of new material; ``(E) the term `exhibitor' means any local broadcast station, cable system, airline, motion picture theater, or other person that publicly performs a motion picture by means of any technology; ``(F) the term `exploit' means to exhibit publicly or offer to the public through sale or lease, and the term `exploitation' means the act of exploiting; ``(G) the term `film' or `motion picture' means-- ``(i) a theatrical motion picture, after its publication, of 60 minutes duration or greater, intended for exhibition, public performance, public sale or lease, and ``(ii) does not include episodic television programs of less than 60 minutes duration (exclusive of commercials), motion pictures prepared for private commercial or industrial purposes, or advertisements; ``(H) the term `lexiconning' means altering the sound track of a motion picture to conform the speed of the vocal or musical portion of the motion picture to the visual images of the motion picture, in a case in which the motion picture has been the subject of time compression or expansion; ``(I) the terms `materially alter' and `material alteration'-- ``(i) refer to any change made to a motion picture; ``(ii) include, but are not limited to, the processes of colorization, lexiconning, time compression or expansion, panning and scanning, and editing; and ``(iii) do not include insertions for commercial breaks or public service announcements, editing to comply with the requirements of the Federal Communications Commission (in this subparagraph referred to as the `FCC'), transfer of film to videotape or any other secondary media preparation of a motion picture for foreign distribution to the extent that subtitling and editing are limited to those alterations made under foreign standards which are no more stringent than existing FCC standards, or activities the purpose of which is the restoration of the motion picture to its original version; ``(J) the term `network' means any person who distributes motion pictures to broadcasting stations or cable systems on a regional or national basis for public performance on an interconnected basis; ``(K) the term `panning and scanning' means the process by which a motion picture, composed for viewing on theater screens, is adapted for viewing on television screens by modification of the ratio of width to height of the motion picture and the selection, by a person other than the principal director of the motion picture, of some portion of the entire picture for viewing; ``(L) the term `professional guild' means-- ``(i) in the case of directors, the Directors Guild of America (DGA); ``(ii) in the case of screenwriters, the Writers Guild of America-West (WGA-W) and the Writers Guild of America-East (WGA-E); and ``(iii) in the case of cinematographers, the International Photographers Guild (IPG), and the American Society of Cinematographers (ASC); ``(M) the term `Professional Guild Registry' means a list of names and addresses of artistic authors that is readily available from the files of a professional guild; ``(N) the term `publication' means, with respect to a motion picture, the first paid public exhibition of the work other than previews, trial runs, and festivals; ``(O) the term `retail provider' means the proprietor of a retail outlet that sells or leases motion pictures for home use; ``(P) the term `secondary media' means any medium, including, but not limited to, video cassette or video disc, other than television broadcast or theatrical release, for use on which motion pictures are sold, leased, or distributed to the public; ``(Q) the term `syndicator' means any person who distributes a motion picture to a broadcast television station, cable television system, or any other means of distribution by which programming is delivered to television viewers; ``(R) the terms `time compression' and `time expansion' mean the alteration of the speed of a motion picture or a portion thereof with the result of shortening or lengthening the running time of the motion picture; and ``(S) the term `vendor' means the wholesaler or packager of a motion picture which is intended for wholesale distribution to retail providers. ``(6)(A) A label for a materially altered version of a motion picture intended for public performance or home use shall consist of a panel card immediately preceding the commencement of the motion picture, which bears one or more of the following statements, as appropriate, in legible type and displayed on a conspicuous and readable basis: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED. ______ mins. and ______ secs. have been cut [or, if appropriate, added]. The director, __________________ ____________________, and screenwriter, __________ __________, object because this alteration changes the narrative and/or characterization. It has (also) been panned and scanned. The director and cinematographer, __________ __________, object because this alteration removes visual information and changes the composition of the images. It has (also) been colorized. Colors have been added by computer to the original black and white images. The director and cinematographer object to this alteration because it eliminates the black and white photography and changes the photographic images of the actors. It has (also) been electronically speeded up (or slowed down). The director objects because this alteration changes the pace of the performances.' ``(B) A label for a motion picture that has been materially altered in a manner not described by any of the label elements set forth in subparagraph (A) shall contain a statement similar in form and substance to those set forth in subparagraph (A) which accurately describes the material alteration and the objection of the artistic author. ``(7) A label for a motion picture which has been materially altered in more than one manner, or of which an individual served as more than one artistic author, need only state the name of the artistic author once, in the first objection of the artistic author so listed. In addition, a label for a motion picture which has been materially altered in more than one manner need only state once, at the beginning of the label: `THIS FILM IS NOT THE VERSION ORIGINALLY RELEASED.'. ``(8) A label for a film package of a materially altered motion picture shall consist of-- ``(A) an area of a rectangle on the front of the package which bears, as appropriate, one or more of the statements listed in paragraph (6) in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package; and ``(B) an area of a rectangle on the side of the package which bears, as appropriate, one or more of the statements listed in paragraph (6) in a conspicuous and legible type in contrast by typography, layout, or color with other printed matter on the package. ``(9) The questionnaire required under paragraph (1)(A)(iii) shall consist of the following statement and related questions: `In order to conform [insert name of motion picture], of which you are an ``artistic author'', to ancillary media such as television, airline exhibition, video cassettes, video discs, or any other media, do you object to: `(a) Editing (purposeful or accidental deletion or addition of program material)? Yes____________ No______________ `(b) Time compression/time expansion/lexiconning? Yes____________ No______________ `(c) Panning and scanning? Yes____________ No______________ `(d) Colorization, if the motion picture was originally made in black and white? Yes____________ No______________'.'' SEC. 4. EFFECTIVE DATE. This Act and the amendments made by this Act shall take effect 180 days after the date of the enactment of this Act. HR 1731 IH----2
summary: Film Disclosure Act of 1993 - Amends the Lanham Act to require that any distributor or network that proposes to exploit a materially altered motion picture bear a label which conspicuously discloses the fact of: (1) the film's material alteration from the form in which it was first released to the public; (2) the nature of such alteration; and (3) any objections raised by the artistic authors with reference to such alteration. Delineates the compliance procedure for distributors or networks that propose to exploit a materially altered film. Grants an artistic author the right to seek injunctive relief in U.S. district courts to prevent violation of his or her rights under this Act.