1 2 3 4 5 6 7 8 9 3 "(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 10 motion picture which has already been materially altered, 11 such distributor or network shall not be required to satisfy 12 the requirements of subparagraph (A) (i), (ii), and (iii), 13 if 14 15 16 17 18 19 "(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 20 subparagraph (A)(i) is satisfied if a distributor or network 21 that has not previously been notified by each artistic au22 thor 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 re 4 sional guild must respond; and 1 2 sponse date of not earlier than 30 days after the date of the request, by which the appropriate profes 3 4 5 6 7 8 9 "(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. 10 "(ii) The notice to each artistic author under this 11 paragraph shall contain a specific date, not earlier than 12 30 days after the date of such notice, by which the individ13 ual so notified shall respond in accordance with subpara14 graph (A)(ii). Failure of the artistic author or the appro15 priate professional guild to respond within the time period 16 specified in the notice shall relieve the distributor or net17 work of all liability under subparagraph (A). 18 "(D) The requirements of this paragraph for an ex 19 hibitor 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 1 2 3 4 5 6 5 "(ii) including or affixing a label described in paragraphs (6) and (8) on a materially altered mo tion picture for any material alterations performed by the exhibitor to which any artistic author has ob jected under subparagraph (A)(iii). "(E)(i) The provisions of this paragraph shall apply 7 with respect to motion pictures intended for home use 8 through either retail purchase or rental, except that no 9 requirement imposed under this paragraph shall apply to 10 a motion picture which has been packaged for distribution 11 to retail providers before the effective date of this sub12 section. 13 "(ii) The obligations under this paragraph of a retail 14 provider of motion pictures intended for home use shall 15 be limited to including or distributing all labels required 16 under this paragraph in their entirety that are affixed or 17 included by a distributor or network. 18 "(F) There shall be no consideration in excess of one 19 dollar given in exchange for an artistic author's waiver of 20 any objection or waiver of the right to object under this 21 subsection. 22 “(2)(A) Any artistic author of a motion picture that 23 is exploited within the United States who believes he or 24 she is or is likely to be damaged by a violation of this 25 subsection may bring a civil action for appropriate relief, 6 1 as provided in this paragraph, on account of such viola 2 tion, without regard to the nationality or domicile of the 3 artistic author. 4 "(B)(i) In any action under subparagraph (A), the 5 court shall have power to grant injunctions, according to 6 the principles of equity and upon such terms as the court 7 deems reasonable, to prevent the violation of this sub8 section. Any such injunction may include a provision di9 recting the defendant to file with the court and serve on 10 the plaintiff, within 30 days after the service on the de11 fendant of such injunction, or such extended period as the 12 court may direct, a report in writing under oath setting 13 forth in detail the manner and form in which the defend14 ant has complied with the injunction. Any such injunction 15 granted upon hearing, after notice to the defendant, by 16 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 ww 7 1 "(ii) When a violation of any right of an artistic au 2 thor is established in any civil action arising under this 3 subsection, the plaintiff shall be entitled to the remedies 4 provided under section 35(a). 5 "(iii) In any action under subparagraph (A), the 6 court may order that all film packaging of a materially 7 altered motion picture (including film packages of motion 8 pictures intended for home use through either retail pur9 chase or rental) that is the subject of the violation shall 10 be delivered up and destroyed. 11 "(C) No action shall be maintained under this para12 graph unless 13 14 15 16 17 18 "(i) it is commenced within 1 year after the right of action accrues, and "(ii) if brought by a designee described in paragraph (5)(A)(ii), it is commenced within the term of copyright of the motion picture involved. "(3) Any disclosure requirements imposed under the 19 common law or statutes of any State respecting the mate20 rial alteration of motion pictures are preempted by this 21 subsection. 22 "(4) To facilitate the location of a potentially ag23 grieved party, each artistic author of a motion picture may 24 notify the copyright owner of the motion picture or any 25 appropriate professional guild. The professional guilds |