On July 21, the House Judiciary Committee approved, 18-9, the Family Movie Act (H.R. 4586). The Subcommittee on Courts, the Internet, and Intellectual Property approved the measure on July 8 (see The Source, 7/9/04).
Sponsored by Rep. Lamar Smith (R-TX), the measure would exempt from copyright protection and trademark laws technology and software designed to filter out unwanted audio and video content on a DVD or videotape for individual consumers as long as no fixed copies are created. The bill would require that the software manufacturers provide clear and conspicuous notice that the movie being shown has been altered in a way that was unintended by the director or copyright holder. The notification requirement would apply only to technology manufactured 180 days after the bill’s enactment.
During consideration of the bill, the subcommittee rejected the following amendments by voice vote:
In his opening statement, Rep. Smith stated, “Raising children may be the toughest job in the world. Parents need all the help they can get. And they should be able to determine what their children see on the screen. Yes, we parents might mute dialogue that others deem crucial or we might fast forward over scenes that others consider essential. But that’s irrelevant. Parents should be able to mute or skip over anything they want if they feel it’s in the best interest of their children. And, as a practical matter, parents cannot monitor their children’s viewing habits all the time.” He also noted, “If you look at a DVD or a [videotape] before and after technology has been used to mute or fast forward over offensive material, there would be absolutely no difference in the product. It has not been sliced, diced, mutilated, or altered. The director’s work is still intact; no unauthorized copies have been distributed; no copyright has been violated.”
