text: 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
target: 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.
feat_title: Film Disclosure Act of 1993