Family Entertainment and Copyright Act of 2005


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

{{SECTION|SEC. 1.|SECTION 1}}. SHORT TITLE.

 * This Act may be cited as the ``Family Entertainment and Copyright Act of 2005´´.

Sec. 101. Short Title.

 * This title may be cited as the ``Artists' Rights and Theft Prevention Act of 2005´´ or the ``ART Act´´.

Sec. 103. Criminal Infringement of a Work being prepared for Commercial Distribution.

 * (a) .—Section 506(a) of title 17, United States Code, is amended to read as follows:


 * (b) .—Section 2319 of title 18, United States Code, is amended—
 * (1) in subsection (a)—
 * (A) by striking "Whoever" and inserting "Any person who"; and
 * (B) by striking "and (c) of this section" and inserting ", (c), and (d)";
 * (2) in subsection (b), by striking "section 506(a)(1)" and inserting "section 506(a)(1)(A)";
 * (3) in subsection (c), by striking "section 506(a)(2) of title 17, United States Code" and inserting "section 506(a)(1)(B) of title 17";
 * (4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
 * (5) by adding after subsection (c) the following:


 * (6) in subsection (f), as redesignated—
 * (A) in paragraph (1), by striking "and" at the end;
 * (B) in paragraph (2), by striking the period at the end and inserting a semicolon; and
 * (C) by adding at the end the following:


 * "(3) the term 'financial gain' has the meaning given the term in section 101 of title 17; and


 * "(4) the term 'work being prepared for commercial distribution' has the meaning given the term in section 506(a) of title 17.".

Sec. 104. Civil Remedies for Infringement of a Work being prepared for Commercial Distribution

 * (a) Preregistration—
 * Section 408 of title 17, United States Code, is amended by adding at the end the following:


 * (b) Infringement Actions—
 * Section 411(a) of title 17, United States Code, is amended by inserting "preregistration or" after "shall be instituted until".


 * (c) Exclusion—
 * Section 412 of title 17, United States Code, is amended by inserting after "section 106A(a)" the following:
 * ", an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement,".

Sec. 105. Federal Sentencing Guidelines

 * (a) Review and Amendment—
 * Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights crimes, including any offense under—
 * (1) section 506, 1201, or 1202 of title 17, United States Code; or
 * (2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18, United States Code.


 * (b) Authorization—
 * The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.


 * (c) Responsabilities of United States Sentencing Commission—
 * In carrying out this section, the United States Sentencing Commission shall—
 * (1) take all appropriate measures to ensure that the Federal sentencing guidelines and policy statements described in subsection (a) are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property rights crimes;
 * (2) determine whether to provide a sentencing enhancement for those convicted of the offenses described in subsection (a), if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized by the copyright owner, whether in the media format used by the infringing party or in any other media format;
 * (3) determine whether the scope of "uploading" set forth in application note 3 of section 2B5.3 of the Federal sentencing guidelines is adequate to address the loss attributable to people who, without authorization, broadly distribute copyrighted works over the Internet; and
 * (4) determine whether the sentencing guidelines and policy statements applicable to the offenses described in subsection (a) adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyrighted material has been reproduced or distributed.

Sec. 201. Short Title

 * This title may be cited as the ``Family Movie Act of 2005´´.

Sec. 202. Exemption from Infringement for Skipping Audio and Video Content in Motion Pictures

 * (a) In General—
 * 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";
 * (3) by inserting after paragraph (10) the following:
 * "(11) the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed to be used, at the direction of a member of a private household, for such making imperceptible, if no fixed copy of the altered version of the motion picture is created by such computer program or other technology."; and
 * (4) by adding at the end the following:
 * "For purposes of paragraph (11), the term 'making imperceptible' does not include the addition of audio or video content that is performed or displayed over or in place of existing content in a motion picture.
 * "Nothing in paragraph (11) shall be construed to imply further rights under section 106 of this title, or to have any effect on defenses or limitations on rights granted under any other section of this title or under any other paragraph of this section.".


 * (b) Exemption from Trademark Infringement Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended by adding at the end the following:


 * (c) Definition—
 * In this section, 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.).

Sec. 301. Short Title

 * This subtitle may be cited as the ``National Film Preservation Act of 2005´´.

Sec. 302. Reauthorization and Amendment

 * (a) Duties of the Librarian of Congress—
 * Section 103 of the National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended—


 * (1) in subsection (b)—
 * (A) by striking "film copy" each place that term appears and inserting "film or other approved copy";
 * (B) by striking "film copies" each place that term appears and inserting "film or other approved copies"; and
 * (C) in the third sentence, by striking "copyrighted" and inserting "copyrighted, mass distributed, broadcast, or published"; and
 * (2) by adding at the end the following:


 * (b) National Film Preservation Board—
 * Section 104 of the National Film Preservation Act of 1996 (2 U.S.C. 179n) is amended—
 * (1) in subsection (a)(1) by striking "20" and inserting "22";
 * (2) in subsection (a)(2) by striking "three" and inserting "5";
 * (3) in subsection (d) by striking "11" and inserting "12"; and
 * (4) by striking subsection (e) and inserting the following:


 * (c) National Film Registry—
 * Section 106 of the National Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the end the following:


 * (d) Use of Seal—
 * Section 107(a) of the National Film Preservation Act of 1996 (2 U.S.C. 179q(a)) is amended—
 * (1) in paragraph (1), by inserting "in any format" after "or any copy"; and
 * (2) in paragraph (2), by striking "or film copy" and inserting "in any format".


 * (e) Effective Date
 * Section 113 of the National Film Preservation Act of 1996 (2 U.S.C. 179w) is amended by striking "7" and inserting "13".

Sec. 311. Short Title

 * This subtitle may be cited as the ``National Film Preservation Foundation Reauthorization Act of 2005´´.

Sec. 312. Reauthorization and Amendment

 * (a) Board of Directors—
 * Section 151703 of title 36, United States Code, is amended—
 * (1) in subsection (b)(2)(A), by striking "nine" and inserting "12"; and
 * (2) in subsection (b)(4), by striking the second sentence and inserting "There shall be no limit to the number of terms to which any individual may be appointed.".


 * (b) Powers—
 * Section 151705 of title 36, United States Code, is amended in subsection (b) by striking "District of Columbia" and inserting "the jurisdiction in which the principal office of the corporation is located".


 * (c) Principal Office—
 * Section 151706 of title 36, United States Code, is amended by inserting ", or another place as determined by the board of directors" after "District of Columbia".


 * (d) Authorization of Appropriations—
 * Section 151711 of title 36, United States Code, is amended by striking subsections (a) and (b) and inserting the following:

Sec. 401. Short Title

 * This title may be cited as the ``Preservation of Orphan Works Act´´.

Sec. 402. Reproduction of Copyrighted Works by Libraries and Archives

 * Section 108(i) of title 17, United States Code, is amended by striking "(b) and (c)" and inserting "(b), (c), and (h)".

Approved April 27, 2005.

Legislative History

 * HOUSE REPORTS:
 * No. 109–33, Pt. 1 (Comm. on the Judiciary)
 * CONGRESSIONAL RECORD, Vol. 151 (2005):
 * Feb. 1, considered and passed Senate.
 * Apr. 19, considered and passed House.
 * Apr. 19, considered and passed House.