What is the Family Movie Act?
Under United States Copyright law, protections are afforded to film and movie creators to prevent the unauthorized or unlicensed use of copyrighted content including films. Throughout the years, various acts of legislation have come into play for the purpose of further protecting creators and establishing copyright infringement penalties. The Family Entertainment and Copyright Act was one such act of legislation. It was introduced in 2005 and was made up of two distinct parts. Including the Family Movie Act. But what is the Family Movie Act? And what does it have to do with copyright law?
The Family Entertainment and Copyright Act
The Family Entertainment and Copyright Act represents a key piece of legislation in U.S. Copyright Law. Which provides a two act protection against the unauthorized distribution of pre-release commercial works.
And the marketing of devices which are for home use can edit out objectionable material from a DVD or Blu-ray video.
Under the two act bill there were the following:
- Title 1 – Artists’ Rights and Theft Prevention (ART Act)
- Title 2 – The Family Movie Act of 2005 (FMA)
ART Act
The Artists’ Rights and Theft Prevention Act would make it criminal to record or film a motion picture from a theater, but what is the Family Movie Act of 2005?
The Family Movie Act of 2005
The Family Movie Act of 2005 provides unique protections against the use of home devices. This is with the intention to eliminate or edit out violent, sexually explicit, or profane material from a copyright work such as a DVD.
Previously, exclusive rights were provided to copyright holders. This is to permit the marketing and use of these devices at home.
Other Effects
Although the purpose of the Family Movie Act of 2005 was to protect those who wish to watch films at home without having to endure specific graphic content including violence or nudity.
It may have loosened laws in other areas specifically as it pertains to the alteration of films post-distribution.
Standard Copyright Law
Under standard copyright law, it is illegal to sell an edited version of a film. Unless there is a specific license to distribute in that capacity.
However the Family Movie Act states that if software was used to make imperceptible changes to portions of the audio or video of a film from a previously authorized copy of the film that no laws were broken.
Safe Harbor
The purpose of the bill was to create a “safe harbor” protecting against copyright and trademark infringement liabilities arising out of the alteration of home movies using filtering software to eliminate offensive language or imagery.
To avoid trademark infringement, proof must be provided that the manufacturer of the technology provides notice regarding the editing of the motion picture and the fact that it has been edited from the original performance making it no longer what the original copyright holder, or the director, originally produced.
In Summary
So, what is the Family Movie Act? It’s an legislative amendment or addition to the U.S. Copyright law which provides legal protections, in the form of a safe harbor.
Preventing liability for trademark infringement arising out of the use of filtering technology. For the purpose of skipping over or otherwise omitting scenes of offensive material. Including violence, drug use, nudity or otherwise explicit material.
