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1 SEC. 10. MEETINGS RESPECTING DISCLOSURE REQUIRE

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MENTS.

Nothing shall prevent representatives of copyright 4 owners of films and of appropriate professional guilds repre5 senting directors, screenwriters, editors, and cinematogra6 phers of films from meeting for the sole purpose of developing 7 and agreeing upon disclosure requirements and reasonable 8 periods of time for purposes of complying with the require9 ments of section 43(c)(1) of the Lanham Act, if such joint 10 activity is not in violation of the antitrust laws.

11 SEC. 11. EFFECTIVE DATE.

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This Act shall take effect on the date of its enactment,

13 except that the amendment made by section 2 shall take 14 effect on the ninetieth day beginning after such date.

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HR 4897 IH

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To amend title 17 of the United States Code to provide artistic authors of motion pictures the exclusive right to prohibit the material alteration, including colorization, of the motion pictures.

IN THE HOUSE OF REPRESENTATIVES

MAY 13, 1987

Mr. Gephardt (for himself, Mr. LEVIN of Michigan, Mr. Lehman of Florida, Mr. MACKAY, and Mr. GLICKMAN) introduced the following bill; which was referred to the Committee on the Judiciary

A BILL

To amend title 17 of the United States Code to provide artistic authors of motion pictures the exclusive right to prohibit the material alteration, including colorization, of the motion pictures.

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Be it enacted by the Senate and House of Representa2 lives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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This Act may be cited as the "Film Integrity Act of

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1 SEC. 2. LIMITATION ON EXCLUSIVE RIGHTS: MOTION PIC

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TURES.

Chapter 1 of title 17, United States Code, is amended 4 by inserting at the end thereof the following new section:

5 "8119. Limitation on exclusive rights: motion pictures

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“(a) Notwithstanding the provisions of section 106, in 7 the case of a motion picture, once the work has been pub8 lished, no material alteration, including colorization, of the 9 work shall be permitted without the written consent of the 10 artistic authors of such work.

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"(b) During their lifetime, the artistic authors of a 12 motion picture may assign the right of consent described in 13 subsection (a) with respect to such motion picture only to a 14 third party who is a qualified artistic author. In the event of 15 incapacity or death of an artistic author, the right of consent 16 may be transferred to another qualified artistic author. In the 17 case of an artistic author who is dead or incapacitated on the 18 effective date of this section, this right of consent passes to 19 the successor identified in section 203(a)(2) of this title or, if 20 there is no such successor, then to his or her heir under law. 21 Such successor or heir may assign this right of consent only 22 to a third party who is a qualified artistic author. In no event 23 may a person who is not a qualified artistic author exercise 24 this right of consent.

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"(c) The right of consent described in subsection (a) with

2 respect to a motion picture shall not expire when the copy

3 right expires in such work pursuant to chapter 3 of this title. "(d)(1) The provisions of chapter 5 of this title (relating

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5 to copyright infringement and remedies) shall apply to the 6 material alteration, including colorization, of motion pictures 7 and for purposes of such chapter the artistic authors of a 8 motion picture (or their heirs or assigns) shall be deemed to 9 be the legal or beneficial owners of an exclusive right under a 10 copyright with respect to such motion picture.

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"(2) If any material alteration, including colorization, of 12 a motion picture occurs without the consent of the artistic 13 authors of such work, then there shall be no copyright in 14 such altered work.

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"(e) The Register of Copyrights may establish, by regu16 lation, procedures for directors and screenwriters of motion 17 pictures to be formally designated as the artistic authors of 18 such motion pictures.".

19 SEC. 3. DEFINITION.

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Section 101 of chapter 1 of title 18, United States

21 Code, is amended by insert after the defintion of "anonymous

22 work" the following:

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"'Artistic authors' of a motion picture shall be the

24 principal director and principal screenwriter of the work.".

HR 2400 IH

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A CRITICAL EXAMINATION OF THE

INTRODUCTION OF MORAL RIGHTS INTO UNITED STATES LAW

Jon Baumgarten

Robert Gorman

Christopher A. Meyer

September 11, 1989

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