Family Entertainment and Copyright Act
Encyclopedia
The Family Entertainment and Copyright Act is a federal legislative act
regarding copyright
that became law in the United States in 2005. The Act consists of two subparts: the Artist's Rights and Theft Prevention Act of 2005, which increases penalties for copyright infringement
, and the Family Home Movie Act of 2005, which permits the development of technology to "sanitize" potentially offensive DVD content.
The Family Entertainment and Copyright Act was introduced into the United States Senate
(of the 109th United States Congress
) on January 25, 2005 by Senator Orrin Hatch
(R
- Utah
), and was signed into law by President George W. Bush
on April 27, 2005.
The act provides theater owners and employees with both civil and criminal immunity for questioning suspected violators or detaining them while police are summoned.
Anyone who "knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a ... protected work... from a performance of such work in a motion picture exhibition facility..." may be imprisoned up to three years for a first time offender, and up to six years for a repeat offender, in addition to any fines that may be levied under the U.S. Criminal Code for copyright infringement. This could apply to merely taking a cell phone snapshot of a theatre screen.
With regard to unreleased works intended for public distribution (e.g., beta software or workprint
s), anyone who makes available a work that the copyright owner expects to distribute commercially, but is not yet distributed, shall be punished if the work is "made available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution." First time offenders can get up to three years in jail, or five if they committed the offense for financial gain. Repeat offenders can get ten years if the offense was committed for financial gain. These penalties are in addition to any penalties for violating non-disclosure agreement
s or trade secret
law.
, a Salt Lake City
-based company that markets DVD-sanitizing technology, and a number of Hollywood
studios and directors. The ClearPlay technology allows a home consumer to screen out up to 14 different categories of objectionable content, such as drug use, sexual situations, or foul language.
The act does not permit one to create a new hardcopy of a movie in a completely "sanitized" format, nor does it permit the technology to replace or insert new video or audio to replace the offending content. Thus, a company cannot create and market a clean DVD copy of Goodfellas
, but it can develop a DVD player which can be programmed to skip past the offending parts and/or blank out the offending video or audio contained in a scene.
The act is codified in 17 U.S.C. 110(11)
Act of Congress
An Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
regarding copyright
United States copyright law
The copyright law of the United States governs the legally enforceable rights of creative and artistic works under the laws of the United States.Copyright law in the United States is part of federal law, and is authorized by the U.S. Constitution...
that became law in the United States in 2005. The Act consists of two subparts: the Artist's Rights and Theft Prevention Act of 2005, which increases penalties for copyright infringement
Copyright infringement
Copyright infringement is the unauthorized or prohibited use of works under copyright, infringing the copyright holder's exclusive rights, such as the right to reproduce or perform the copyrighted work, or to make derivative works.- "Piracy" :...
, and the Family Home Movie Act of 2005, which permits the development of technology to "sanitize" potentially offensive DVD content.
The Family Entertainment and Copyright Act was introduced into the United States Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
(of the 109th United States Congress
109th United States Congress
The One Hundred Ninth United States Congress was the legislative branch of the United States, composed of the United States Senate and the United States House of Representatives, from January 3, 2005 to January 3, 2007, during the fifth and sixth years of George W. Bush's presidency. House members...
) on January 25, 2005 by Senator Orrin Hatch
Orrin Hatch
Orrin Grant Hatch is the senior United States Senator for Utah and is a member of the Republican Party. Hatch served as the chairman or ranking member of the Senate Judiciary Committee from 1993 to 2005...
(R
Republican Party (United States)
The Republican Party is one of the two major contemporary political parties in the United States, along with the Democratic Party. Founded by anti-slavery expansion activists in 1854, it is often called the GOP . The party's platform generally reflects American conservatism in the U.S...
- Utah
Utah
Utah is a state in the Western United States. It was the 45th state to join the Union, on January 4, 1896. Approximately 80% of Utah's 2,763,885 people live along the Wasatch Front, centering on Salt Lake City. This leaves vast expanses of the state nearly uninhabited, making the population the...
), and was signed into law by President George W. Bush
George W. Bush
George Walker Bush is an American politician who served as the 43rd President of the United States, from 2001 to 2009. Before that, he was the 46th Governor of Texas, having served from 1995 to 2000....
on April 27, 2005.
The act provides theater owners and employees with both civil and criminal immunity for questioning suspected violators or detaining them while police are summoned.
Artist's Rights and Theft Prevention Act of 2005
This act, also known as the "ART Act", is targeted at preventing piracy of movies and software. It specifically targets two activities: filming movies in a movie theater, and early release of movies and software before they become publicly available.Anyone who "knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a ... protected work... from a performance of such work in a motion picture exhibition facility..." may be imprisoned up to three years for a first time offender, and up to six years for a repeat offender, in addition to any fines that may be levied under the U.S. Criminal Code for copyright infringement. This could apply to merely taking a cell phone snapshot of a theatre screen.
With regard to unreleased works intended for public distribution (e.g., beta software or workprint
Workprint
A workprint is a rough version of a motion picture, used by the film editor during the editing process. Such copies generally contain original recorded sound that will later be re-dubbed, stock footage as placeholders for missing shots or special effects, and animation tests for in-production...
s), anyone who makes available a work that the copyright owner expects to distribute commercially, but is not yet distributed, shall be punished if the work is "made available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution." First time offenders can get up to three years in jail, or five if they committed the offense for financial gain. Repeat offenders can get ten years if the offense was committed for financial gain. These penalties are in addition to any penalties for violating non-disclosure agreement
Non-disclosure agreement
A non-disclosure agreement , also known as a confidentiality agreement , confidential disclosure agreement , proprietary information agreement , or secrecy agreement, is a legal contract between at least two parties that outlines confidential material, knowledge, or information that the parties...
s or trade secret
Trade secret
A trade secret is a formula, practice, process, design, instrument, pattern, or compilation of information which is not generally known or reasonably ascertainable, by which a business can obtain an economic advantage over competitors or customers...
law.
Family Home Movie Act of 2005
This section is an exemption of liability allowing the creation of technology that can edit a DVD movie on the fly and create a censored version of that movie. This provision arose out of a lawsuit between ClearPlayClearPlay
ClearPlay is an advanced parental control DVD player that allows content filtering of ordinary DVD films, purchased or rented. ClearPlay is the technology that automatically and seamlessly skips over or mutes undesirable content such as profanity, graphic violence, drug and adult-oriented content,...
, a Salt Lake City
Salt Lake City, Utah
Salt Lake City is the capital and the most populous city of the U.S. state of Utah. The name of the city is often shortened to Salt Lake or SLC. With a population of 186,440 as of the 2010 Census, the city lies in the Salt Lake City metropolitan area, which has a total population of 1,124,197...
-based company that markets DVD-sanitizing technology, and a number of Hollywood
Cinema of the United States
The cinema of the United States, also known as Hollywood, has had a profound effect on cinema across the world since the early 20th century. Its history is sometimes separated into four main periods: the silent film era, classical Hollywood cinema, New Hollywood, and the contemporary period...
studios and directors. The ClearPlay technology allows a home consumer to screen out up to 14 different categories of objectionable content, such as drug use, sexual situations, or foul language.
The act does not permit one to create a new hardcopy of a movie in a completely "sanitized" format, nor does it permit the technology to replace or insert new video or audio to replace the offending content. Thus, a company cannot create and market a clean DVD copy of Goodfellas
Goodfellas
Goodfellas is a 1990 American crime film directed by Martin Scorsese. It is a film adaptation of the 1986 non-fiction book Wiseguy by Nicholas Pileggi, who co-wrote the screenplay with Scorsese...
, but it can develop a DVD player which can be programmed to skip past the offending parts and/or blank out the offending video or audio contained in a scene.
The act is codified in 17 U.S.C. 110(11)
External links
- Text of Family Entertainment and Copyright Act of 2005
- Analysis of the Family Entertainment and Copyright Act of 2005, by The Center for Democracy and TechnologyCenter for Democracy and TechnologyThe Center for Democracy & Technology is a Washington, D.C. based 501 non-profit public-interest group that works to promote an open, innovative and free Internet....
- Analysis of the Family Entertainment and Copyright Act of 2005, by Public KnowledgePublic KnowledgePublic Knowledge is a non-profit Washington, D.C.-based public interest group that is involved in intellectual property law, competition, and choice in the digital marketplace, and an open standards/end-to-end internet....