5 1 2 3 4 5 tributor of motion pictures intended for home use; and "(v) in the event of affirmative objections by the artistic author, include or affix the objections to 6 any copy of a motion picture distributed or transmitted to any exhibitor or retail distributor. 7 "(C) The obligations of an exhibitor and retail dis8 tributor of motion pictures intended for public perform9 ance or home use shall be limited to 10 11 12 13 14 15 16 17 18 19 "(i) broadcasting, cablecasting, exhibiting or distributing all labels required under this section in their entirety as included with or distributed by the syndicator, network, vendor or any distributor of the motion picture; and "(ii) including or affixing a label as described in paragraphs (6) and (8) on a materially altered motion picture as required under paragraph (1)(A) for any material alterations performed by the exhibitor or the retail distributor to which the individuals de scribed in paragraph (5)(B) have generally objected through the questionnaire procedure outlined in paragraph (1)(B)(iii). "(D) With respect to motion pictures intended for 24 home use through either retail purchase or rental, the pro •HR 3051 IH 6 1 visions of this paragraph shall apply; however, no require 2 ments imposed under this paragraph shall apply to 3 4 5 6 7 8 9 10 11 12 13 "(i) a motion picture which has been packaged for distribution prior to the effective date of the Act, except that the provision of this paragraph shall apply if the packaging has been accelerated in contemplation of such requirement; or "(ii) a retail distributor of motion pictures intended for home use, other than a manufacturer or packager, who has in good faith relied on compliance with the provisions of this Act by the manufacturer, wholesaler, or packager of a motion picture. “(2)(A) Any artistic author of a motion picture pub14 licly exhibited or offered to the public through sale or lease 15 within the United States may obtain appropriate relief 16 with respect to any violation of this paragraph without re17 gard to the nationality or domicile of the artistic author. 18 "(B)(i) In any action under subparagraph (A), the 19 court may grant appropriate equitable relief, may award 20 actual damages or, if the artistic author so elects, statuto21 ry damages not to exceed $100,000, and may allow the 22 recovery of full costs, including attorney's fees, to the pre23 vailing party. The court shall award punitive damages 24 whenever any person required to give notice under para •HR 3051 IH 9 7 1 graph (1)(B)(i) fails to make a good faith effort to locate 2 any individual as required by such paragraph. 3 "(ii) In determining whether any violation of para4 graph (1) has occurred, the court may take into account 5 examples of disclosures and of reasonable periods of time 6 as agreed upon by representatives of copyright owners and 7 of appropriate professional guilds as described by section 8 4 of the Film Disclosure Act of 1991. 9 "(C) No action shall be maintained under this subsec10 tion unless it is commenced within 1 year after the claim 11 accrues. 12 "(3) Any disclosure requirements imposed under the 13 common law or statutes of any State respecting the mate14 rial alteration of theatrical motion pictures are preempted. 15 "(4) To facilitate location of a potentially aggrieved 16 party, each individual identified in paragraph (5)(B) may 17 notify the copyright owner of the motion picture or one 18 or more of the professional guilds listed in section 4 of 19 the Film Disclosure Act of 1991. These organizations may 20 maintain a current registry of persons so notifying them 21 and may make available to owners of theatrical motion 22 pictures such information in their possession to facilitate 23 the location of any individual so registered for the pur24 poses of paragraph (1)(B). No cause of action shall accrue •HR 3051 IH 8 1 against any of the professional guilds listed in such section 2 for failure to create or maintain such registry. "(5) As used in this subsection: "(A) The term 'film' or 'motion picture' means a theatrical motion picture after its publication. "(i) the principal director, principal screen writer, and, to the extent a theatrical motion picture is colorized or its photographic images materially altered, the principal cinematographer of the film; or "(ii) in the event that an individual listed in clause (i) is deceased or incapacitated, the heir or heirs of that individual. "(C) The term 'to colorize' or 'colorization' means to add color, by whatever means, to a pub lished version of a theatrical motion picture original ly made in black and white. "(D) The term 'distributor' means any person who distributes a motion picture to a motion picture theatre, airline, or any other exhibitor which publicly performs the motion picture by means of any tech nology currently available or created hereafter. HR 3051 IH 11 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 9 "(E) The term 'heir' means any person to whom a right passes by bequest or by the applicable laws of intestate succession. "(F) The term 'lexiconning' means to alter the sound track to conform the speed of the vocal or musical portion of a theatrical motion picture which has been the subject of time compression or expansion. "(G) The term 'exhibitor' means any local broadcast station, cable system, airline or motion. picture theatre or other person that publicly per forms a motion picture by means of any technology "(H) The term 'material alteration' means any HR 3051 IH ་་་ ས།་ |