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Hessinger on the job

April 19, 2005 (20:21) | 2005 | By: Arlin Miller

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Posted: Sun., May 1, 2005, 3:26pm PT

Hessinger on the job

AFTRA vet gets SAG card

By CLAUDE BRODESSER, DAVE MCNARY

HOLLYWOOD — Screen Actors Guild’s last CEO, Bob Pisano, started his new job on Sept. 10, 2001.
Today, AFTRA’s outgoing topper, Greg Hessinger, officially assumes Pisano’s old office.
Privately, Pisano would sometimes refer to this inauspicious start date with a wry look and a heavy sigh, as if it alone explained everything you needed to know about his bumpy 3 years at SAG: Nobody could have known it at the time, but his tenure turned out to be somewhat cursed from the start.
In fact, Hessinger faces many of the same problems, Pisano faced, but with what’s likely to be a much shorter honeymoon period than Pisano’s.

SAG watchers believe the key factor in how Hessinger’s tenure plays out will be the September elections for officers and board members. Allies of current prexy Melissa Gilbert — who advocates a pragmatic course — control the board room, but have seen their majority erode in the two most recent elections to the Membership First faction, which advocates a more aggressive stance.

Formidable challenge

No presidential candidates have been announced yet, but Gilbert would represent a formidable incumbent, given that she’s won two two-year terms as president. The election will likely turn on such divisive issues as SAG’s inability to boost DVD residuals in its most recent film-TV contract.
Hessinger is inheriting a union whose interactive contract with vidgame companies is on its third extension, and whose membership has OK’d a strike authorization. If the union doesn’t get meaningful gains in pay or make progress on residuals, things could quickly get hairy.

Hessinger’s also taking the reins of a union that allowed its oversight of the major talent agencies to lapse three years ago, when members refused to approve a Pisano-backed revision of SAG’s Master Franchise Agreement. He’s also overseeing a guild that narrowly refused a dues increase last year and a merger with sister union the American Federation of Television & Radio Artists two years ago.
Hessinger headed AFTRA for five years; he campaigned for the 2003 merger with SAG. In the wake of the defeat of that effort, he spearheaded a cost-cutting effort at AFTRA.

Gilbert and her board allies handpicked Hessinger as Pisano’s successor — a move that generated opposition among the anti-Pisano and anti-merger factions of the board. But the votes against Hessinger weren’t so much an expression of opposition to Hessinger as they were dissatisfaction with the secrecy of the process, one board member explained.

Merge purge

Hessinger’s initial entry into SAG has been helped by the positive impressions he’s generated from his handling much of the film-TV contract negotiations last winter and from his pledges of honesty and transparency at last month’s SAG membership meeting in Beverly Hills. During that event, he was vague when pressed about the possibility of another run at merging with AFTRA — an indication that many months are likely to pass before the divisive issue is pushed again.

As long as Hessinger doesn’t start out pushing a merger, he’s likely to operate in a far less hostile environment than Pisano did. During the last year of Pisano’s tenure, conflict-of-interest allegations stemming from Pisano’s post on the board of Netflix poisoned what was already a rocky relationship with the board.

SAG conducted internal and external reviews by counsel and in all cases found no conflict; last December, a federal judge threw out a conflict-of-interest suit calling for the removal of Pisano as the union’s chief negotiator.

Nevertheless, the hostility led to three attempts by the Membership First faction of SAG to oust Pisano as lead negotiator. The inability of SAG to achieve any major advancement on DVD residuals in the new film-TV contract (mirroring the new Directors Guild and Writers Guild contracts last fall) may have been what prompted 23% of SAG members to vote against ratifying the pact.

Manageable baggage

Hessinger, 39, comes into the post sans major baggage. He provoked some grumbling during the run-up to the merger vote, as AFTRA devoted resources to competing with SAG for contracts on shows shot on digital, even though AFTRA has been unable to organize much of cable TV.

Calling Hessinger an “expert who can hit the ground running,” SAG secretary-treasurer James Cromwell said he hoped that “healing could begin so we can get on to the real work of this union.”

However, Cromwell also cautioned that “if Greg Hessinger is asked to do the bidding of the Hollywood board rather than what he believes is in the best interest of the membership as a whole, then we will have a repeat of the Pisano fiasco — for no reason at all.”

Hessinger, who carries a reputation for remaining unflappable, joined AFTRA as assistant national director for news/broadcast in 1998, then succeeded Bruce York as national exec director two years later amid the SAG/AFTRA strike against advertisers.

Read the full article at:
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Hedgepeth AFTRA’s New NED

April 19, 2005 (20:21) | 2005 | By: Arlin Miller

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AFTRA NAMES KIM ROBERTS HEDGPETH
NATIONAL EXECUTIVE DIRECTOR

(AFTRA Press Release)

Los Angeles, April 30, 2005 The National Board of Directors of the American Federation of Television and Radio Artists (AFTRA) announced today that Kim Roberts Hedgpeth has been named the union’s National
Executive Director. A joint working group made up of AFTRA’s Administrative Committee and National Officers forwarded their unanimous support of Ms. Hedgpeth’s appointment to the National Board. She had been serving as Acting National Executive Director since April 21 of this year.

Ms. Hedgpeth joined the AFTRA staff in 1981 and has served in a number of important executive positions within the union. From 1981-86, she was with the New York Local, first as a contract administrator, then as Assistant Executive Director/House Counsel, and later as the Local’s Co-Executive Director. From 1987 to 1992, she served as Executive Director of AFTRA’s San Francisco Local and the Screen Actors Guild’s San Francisco Branch.

Ms. Hedgpeth joined AFTRA’s National staff as Assistant National Executive Director, News and Broadcast in 1992, and was appointed by the AFTRA National Board to the post of Associate National Executive Director in 1997.

“As we expected, Kim Roberts Hedgpeth stepped into the challenging role of AFTRA National Executive Director without missing a beat, and with a gentle grace, quiet power, and keen intelligence that is the mark of a true leader,” said AFTRA National President John P. Connolly. “It is an AFTRA trademark that we hire the best in our executive staff, and a particular point of pride that nationwide we enjoy such a rich pool of treasured talent like Kim to lead our union. AFTRA also treasures our culture of mutual respect, close collaboration, trust, and solidarity between elected leadership and staff in pursuit of our mission to defend and extend the rights of Performers, Broadcasters, and Recording Artists in today’s globalized media industries.”

Connolly continued, “No media union today has a nobler mission, broader jurisdiction, or more exciting opportunities than AFTRA. No one executive in the media unions has a bigger job than Kim Roberts Hedgpeth. Our nearly 80,000 members could not be better served. That AFTRA turns to her is no surprise; that we are grateful she has accepted this challenge is a given. Our confidence in her could not be greater. It is she who confirms our confidence in ourselves, our vision, and our Union.”

Newly appointed AFTRA National Executive Director Kim Roberts Hedgpeth stated, “I want to thank the Board of Directors for placing their confidence and trust in me. During my years with AFTRA, I have marveled at the dedication of the union’s elected leadership and staff. At this pivotal moment in AFTRA’s history, I look forward to working with those committed individuals to meet the challenges and exploit the opportunities faced by the wide array of media professionals AFTRA represents.”

Ms. Hedgpeth received her B.A. from Harvard University and her J.D. from the Georgetown University Law Center, and is admitted to the California and New York State Bars. She has served as Director of Labor and Employee Relations for Harvard University and Vice President of Human Resources of Safe Horizon, the nation’s leading crime victims support and advocacy organization. Organizations in which Ms. Hedgpeth has held membership include the New England Human Resources Association, the Massachusetts Governor’s African-American Advisory Commission and the San Francisco Mayor’s Film Advisory Council. She currently serves as Executive Secretary of the Associated Actors and Artistes of America, the umbrella organization for the major performing arts unions in the United States.

She and her husband, Gilbert W. Hedgpeth, a law enforcement executive for the State of New Jersey, live in Guttenberg and Willingboro, New Jersey.

The American Federation of Television and Radio Artists affiliated with the AFL-CIO is a diverse national union representing nearly 80,000 professional performers, broadcasters and recording artists in 32 Locals throughout the country. AFTRA members work as actors, broadcast journalists, dancers, singers, announcers, hosts, comedians and disc jockeys in all aspects of the media industries including television and radio, sound recordings, commercials, industrial non-broadcast, interactive games and the Internet. For more information, visit www.aftra.com.

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Actors Overwhelmingly OK vid game strike

April 19, 2005 (20:21) | 2005 | By: Arlin Miller

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Actors Overwhelming OK vid game strike !!

SAG/AFTRA actors who work on video games have authorized their union to strike if necessary in the ongoing contract talks with several leading game companies.

The vote

98%-2% for SAG and 95%-5% for AFTRA

was largely a formality because a work stoppage can be called only by the union’s board of directors, provided they have the members’ support. Negotiators for SAG and AFTRA are set to resume bargaining with a group of game makers including Electronic Arts on May 9, four days before the contract is set to expire. (THR 4/28/05)

SAG Press Release

SAG, AFTRA MEMBERS MEET ON STATUS OF NEGOTIATIONS FOR INTERACTIVE MEDIA AGREEMENTS

LOS ANGELES (April 27, 2005) Members of Screen Actors Guild (SAG) and the American Federation of Radio & Television Artists (AFTRA) who work union contracts in the interactive gaming industry held meetings April 25-26 in Los Angeles, New York and San Francisco to discuss the status of ongoing negotiations with producers for successor interactive media agreements.

SAG and AFTRA have been in negotiations since February of this year with video game publishers for new three-year contracts. The previous three-year agreements, which were set to expire on December 31, 2004, have been extended twice, as negotiations between the unions and producers continue. The current extension agreements expire on May 13, with the parties set to resume bargaining on May 9.

At the three meetings, union negotiators briefed members on the status of the ongoing talks. The unions have been negotiating in good faith to secure fair and equitable contracts that include increased rates, higher pension and health contributions, and some form of residual structure. The unions hope to achieve these priorities and continue their partnership with producers in this burgeoning industry.

In the event that producers and publishers do not agree to fair and equitable contracts, a work stoppage may become necessary. Accordingly, the unions sought and secured a strike authorization from the members present. SAG members voted 98 to 2% and AFTRA members voted 95 to 5% in favor of providing an authorization to strike, if necessary. In AFTRA’s case, an additional vote among affected members will be taken to affirm the strike authorization.

Although a strike authorization sends an important signal about the importance of these issues to the unions, before a work stoppage can take place, the national boards of both unions, or their designees, must give final approval.

A news blackout remains in effect during the negotiations.

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Bush signs Family Entertainment & Copyright Act. (Included the complete text of the act.)

April 19, 2005 (20:21) | 2005 | By: Arlin Miller

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After watching the documentary “Bleep” concerning the editing/cleansing of films by self-appointed censors, the Ol’ Dog was naturally interested to learn that President Bush had signed the act. Especially if it in anyway “okayed” the actions of those who sell “cleaned-up” versions of the work of others.

“Bleep!” focuses on two related phenomena that have incensed Hollywood creatives: the rise of a cottage industry of so-called movie sanitizers, who digitally edit or remove content they deem objectionable from DVDs and then sell “cleaned up” versions; and the development of DVD filtering technology that allows parents to skip over material they don’t want their children to see.”

(From THR)

Here’s the article from THR followed by the text of the act. It’s long! I have put in BOLD the section concerning “altering.”


April 28, 2005

President Bush signs Family Entertainment and Copyright Act

By Brooks Boliek

WASHINGTONAfter President Bush affixed his signature to the Family Entertainment and Copyright Act in an Oval Office ceremony this week, it became a federal crime to camcord a movie.

Bush’s signature Tuesday marked the last act in a legislative drama that spanned two Congresses and saw Hollywood’s pet bill married to one that gives protection from lawsuits to companies who make video players that edit out purportedly offensive content in motion pictures.

While the studios would rather have bottled up the legislation that effectively ends the legal action surrounding Utah-based ClearPlay, they ultimately decided to abandon their action because it gave them the camcorder bill and legislation that makes it easier for federal prosecutors to go after counterfeiters who make works available before their public release.

“Members of the public might think that camcording is funny because they once saw it on an episode of (‘Seinfeld’), but camcording is no laughing matter,” MPAA president and CEO Dan Glickman said. “In fact, more than 90% of illicit, recently released movies on DVDs come from an unauthorized recording in a movie theater. There is increasing evidence that criminal gangs are using this method to steal movies, burn them into DVDs and then sell them on the black market in order to supplement their other illegal activities.”

Text of the Family Entertainment and Copyright Act of 2005

109th CONGRESS

1st Session

S. 167

To provide for the protection of intellectual property rights, and for other purposes.
IN THE SENATE OF THE UNITED STATES
January 25, 2005
Mr. HATCH (for himself, Mr. LEAHY, Mr. CORNYN, and Mrs. FEINSTEIN) introduced the following bill; which was read twice and referred to the Committee on the Judiciary

A BILL
To provide for the protection of intellectual property rights, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘Family Entertainment and Copyright Act of 2005′.

TITLE IARTISTS’ RIGHTS AND THEFT PREVENTION
SEC. 101. SHORT TITLE.
This title may be cited as the ‘Artists’ Rights and Theft Prevention Act of 2005′ or the ‘ART Act’.

SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF MOTION PICTURES IN A MOTION PICTURE EXHIBITION FACILITY.
(a) In General- Chapter 113 of title 18, United States Code, is amended by adding after section 2319A the following new section:

‘Sec. 2319B. Unauthorized recording of Motion pictures in a Motion picture exhibition facility

‘(a) Offense- Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall

‘(1) be imprisoned for not more than 3 years, fined under this title, or both; or

‘(2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years, fined under this title, or both.

The possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection, but shall not, by itself, be sufficient to support a conviction of that person for such offense.

‘(b) Forfeiture and Destruction- When a person is convicted of a violation of subsection (a), the court in its judgment of conviction shall, in addition to any penalty provided, order the forfeiture and destruction or other disposition of all unauthorized copies of motion pictures or other audiovisual works protected under title 17, or parts thereof, and any audiovisual recording devices or other equipment used in connection with the offense.

‘ Authorized Activities- This section does not prevent any lawfully authorized investigative, protective, or intelligence activity by an officer, agent, or employee of the United States, a State, or a political subdivision of a State, or by a person acting under a contract with the United States, a State, or a political subdivision of a State.

‘(d) Immunity for Theaters- With reasonable cause, the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or employee of such licensor

‘(1) may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer; and

‘(2) shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1).

‘(e) Victim Impact Statement-
‘(1) IN GENERAL- During the preparation of the presentence report under rule 32 of the Federal Rules of Criminal Procedure, victims of an offense under this section shall be permitted to submit to the probation officer a victim impact statement that identifies the victim of the offense and the extent and scope of the injury and loss suffered by the victim, including the estimated economic impact of the offense on that victim.

‘(2) CONTENTS- A victim impact statement submitted under this subsection shall include

‘(A) producers and sellers of legitimate works affected by conduct involved in the offense;

‘(B) holders of intellectual property rights in the works described in subparagraph
(A); and
‘ the legal representatives of such producers, sellers, and holders.
‘(f) State Law Not Preempted- Nothing in this section may be construed to annul or limit any rights or remedies under the laws of any State.
‘(g) Definitions- In this section, the following definitions shall apply:

‘(1) TITLE 17 DEFINITIONS- The terms ‘audiovisual work’, ‘copy’, ‘copyright owner’, ‘motion picture’, ‘motion picture exhibition facility’, and ‘transmit’ have, respectively, the meanings given those terms in section 101 of title 17.

‘(2) AUDIOVISUAL RECORDING DEVICE- The term ‘audiovisual recording device’ means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.’.

(b) Clerical Amendment- The table of sections at the beginning of chapter 113 of title 18, United States Code, is amended by inserting after the item relating to section 2319A the following:
’2319B. Unauthorized recording of motion pictures in a motion picture exhibition facility.’.
(c) Definition- Section 101 of title 17, United States Code, is amended by inserting after the definition of ‘Motion pictures’ the following: ‘The term ‘motion picture exhibition facility’ means a movie theater, screening room, or other venue that is being used primarily for the exhibition of a copyrighted motion picture, if such exhibition is open to the public or is made to an assembled group of viewers outside of a normal circle of a family and its social acquaintances.’.
SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION.

(a) Prohibited Acts- Section 506(a) of title 17, United States Code, is amended to read as follows:

‘(a) Criminal Infringement-

‘(1) IN GENERAL- Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed

‘(A) for purposes of commercial advantage or private financial gain;

‘(B) by the reproduction or distribution, including by electronic means, during any 180-day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or

‘ by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

‘(2) EVIDENCE- For purposes of this subsection, evidence of reproduction or distribution of a copyrighted work, by itself, shall not be sufficient to establish willful infringement of a copyright.

‘(3) DEFINITION- In this subsection, the term ‘work being prepared for commercial distribution’ means

‘(A) a computer program, a musical work, a motion picture or other audiovisual work, or a sound recording, if, at the time of unauthorized distribution

‘(i) the copyright owner has a reasonable expectation of commercial distribution; and
‘(ii) the copies or phonorecords of the work have not been commercially distributed; or

‘(B) a motion picture, if, at the time of unauthorized distribution, the motion picture

‘(i) has been made available for viewing in a motion picture exhibition facility; and

‘(ii) has not been made available in copies for sale to the general public in the United States in a format intended to permit viewing outside a motion picture exhibition facility.’.

(b) Criminal Penalties- Section 2319 of title 18, United States Code, is amended
(1) in subsection (a)–
(A) by striking ‘Whoever’ and inserting ‘Any person who’; and
(B) by striking ‘and (c) of this section’ and inserting ‘, (c), and (d)’;
(2) in subsection (b), by striking ‘section 506(a)(1)’ and inserting ‘section 506(a)(1)(A)’;
(3) in subsection , by striking ‘section 506(a)(2) of title 17, United States Code’ and inserting ‘section 506(a)(1)(B) of title 17′;
(4) by redesignating subsections (d) and (e) as subsections (e) and (f), respectively;
(5) by adding after subsection the following:
‘(d) Any person who commits an offense under section 506(a)(1)(C) of title 17–
‘(1) shall be imprisoned not more than 3 years, fined under this title, or both;
‘(2) shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain;
‘(3) shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a second or subsequent offense; and
‘(4) shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a second or subsequent offense under paragraph (2).’; and
(6) in subsection (f), as redesignated
(A) in paragraph (1), by striking ‘and’ at the end;
(B) in paragraph (2), by striking the period at the end and inserting a semicolon; and

(C) by adding at the end the following:
‘(3) the term ‘financial gain’ has the meaning given the term in section 101 of title 17; and
‘(4) the term ‘work being prepared for commercial distribution’ has the meaning given the term in section 506(a) of title 17.’.

SEC. 104. CIVIL REMEDIES FOR INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION.
(a) Preregistration- Section 408 of title 17, United States Code, is amended by adding at the end the following:
‘(f) Preregistration of Works Being Prepared for Commercial Distribution-
‘(1) RULEMAKING- Not later than 180 days after the date of enactment of this subsection, the Register of Copyrights shall issue regulations to establish procedures for preregistration of a work that is being prepared for commercial distribution and has not been published.
‘(2) CLASS OF WORKS- The regulations established under paragraph (1) shall permit preregistration for any work that is in a class of works that the Register determines has had a history of infringement prior to authorized commercial distribution.
‘(3) APPLICATION FOR REGISTRATION- Not later than 3 months after the first publication of a work preregistered under this subsection, the applicant shall submit to the Copyright Office
‘(A) an application for registration of the work;
‘(B) a deposit; and
‘ the applicable fee.
‘(4) EFFECT OF UNTIMELY APPLICATION- An action under this chapter for infringement of a work preregistered under this subsection, in a case in which the infringement commenced no later than 2 months after the first publication of the work, shall be dismissed if the items described in paragraph (3) are not submitted to the Copyright Office in proper form within the earlier of
‘(A) 3 months after the first publication of the work; or
‘(B) 1 month after the copyright owner has learned of the infringement.’.
(b) Infringement Actions- Section 411(a) of title 17, United States Code, is amended by inserting ‘preregistration or’ after ‘shall be instituted until’.
(c) Exclusion- Section 412 of title 17, United States Code, is amended by inserting after ‘section 106A(a)’ the following: ‘, an action for infringement of the copyright of a work that has been preregistered under section 408(f) before the commencement of the infringement and that has an effective date of registration not later than the earlier of 3 months after the first publication of the work or 1 month after the copyright owner has learned of the infringement,’.

SEC. 105. FEDERAL SENTENCING GUIDELINES.
(a) Review and Amendment- Not later than 180 days after the date of enactment of this Act, the United States Sentencing Commission, pursuant to its authority under section 994 of title 28, United States Code, and in accordance with this section, shall review and, if appropriate, amend the Federal sentencing guidelines and policy statements applicable to persons convicted of intellectual property rights crimes, including any offense under
(1) section 506, 1201, or 1202 of title 17, United States Code; or
(2) section 2318, 2319, 2319A, 2319B, or 2320 of title 18, United States Code.
(b) Authorization- The United States Sentencing Commission may amend the Federal sentencing guidelines in accordance with the procedures set forth in section 21(a) of the Sentencing Act of 1987 (28 U.S.C. 994 note) as though the authority under that section had not expired.
(c) Responsibilities of United States Sentencing Commission- In carrying out this section, the United States Sentencing Commission shall
(1) take all appropriate measures to ensure that the Federal sentencing guidelines and policy statements described in subsection (a) are sufficiently stringent to deter, and adequately reflect the nature of, intellectual property rights crimes;
(2) determine whether to provide a sentencing enhancement for those convicted of the offenses described in subsection (a), if the conduct involves the display, performance, publication, reproduction, or distribution of a copyrighted work before it has been authorized by the copyright owner, whether in the media format used by the infringing party or in any other media format;
(3) determine whether the scope of ‘uploading’ set forth in application note 3 of section 2B5.3 of the Federal sentencing guidelines is adequate to address the loss attributable to people who, without authorization, broadly distribute copyrighted works over the Internet; and
(4) determine whether the sentencing guidelines and policy statements applicable to the offenses described in subsection (a) adequately reflect any harm to victims from copyright infringement if law enforcement authorities cannot determine how many times copyrighted material has been reproduced or distributed.

TITLE IIEXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO CONTENT IN MOTION PICTURES

SEC. 201. SHORT TITLE.
This title may be cited as the ‘Family Movie Act of 2005′.

SEC. 202. EXEMPTION FROM INFRINGEMENT FOR SKIPPING AUDIO AND VIDEO CONTENT IN MOTION PICTURES.

(a) In General- Section 110 of title 17, United States Code, is amended
(1) in paragraph (9), by striking ‘and’ after the semicolon at the end;
(2) in paragraph (10), by striking the period at the end and inserting ‘; and’;
(3) by inserting after paragraph (10) the following:
‘(11) the making imperceptible, by or at the direction of a member of a private household, of limited portions of audio or video content of a motion picture, during a performance in or transmitted to that household for private home viewing, from an authorized copy of the motion picture, or the creation or provision of a computer program or other technology that enables such making imperceptible and that is designed and marketed to be used, at the direction of a member of a private household, for such making imperceptible, if no fixed copy of the altered version of the motion picture is created by such computer program or other technology.’; and
(4) by adding at the end the following:
‘For purposes of paragraph (11), the term ‘making imperceptible’ does not include the addition of audio or video content that is performed or displayed over or in place of existing content in a motion picture.
‘Nothing in paragraph (11) shall be construed to imply further rights under section 106 of this title, or to have any effect on defenses or limitations on rights granted under any other section of this title or under any other paragraph of this section.’.
(b) Exemption From Trademark Infringement- Section 32 of the Trademark Act of 1946 (15 U.S.C. 1114) is amended by adding at the end the following:
‘(3)(A) Any person who engages in the conduct described in paragraph (11) of section 110 of title 17, United States Code, and who complies with the requirements set forth in that paragraph is not liable on account of such conduct for a violation of any right under this Act. This subparagraph does not preclude liability, nor shall it be construed to restrict the defenses or limitations on rights granted under this Act, of a person for conduct not described in paragraph (11) of section 110 of title 17, United States Code, even if that person also engages in conduct described in paragraph (11) of section 110 of such title.
‘(B) A manufacturer, licensee, or licensor of technology that enables the making of limited portions of audio or video content of a motion picture imperceptible as described in subparagraph (A) is not liable on account of such manufacture or license for a violation of any right under this Act, if such manufacturer, licensee, or licensor ensures that the technology provides a clear and conspicuous notice at the beginning of each performance that the performance of the motion picture is altered from the performance intended by the director or copyright holder of the motion picture. The limitations on liability in subparagraph (A) and this subparagraph shall not apply to a manufacturer, licensee, or licensor of technology that fails to comply with this paragraph.
‘ The requirement under subparagraph (B) to provide notice shall apply only with respect to technology manufactured after the end of the 180-day period beginning on the date of the enactment of the Family Movie Act of 2005.
‘(D) Any failure by a manufacturer, licensee, or licensor of technology to qualify for the exemption under subparagraphs (A) and (B) shall not be construed to create an inference that any such party that engages in conduct described in paragraph (11) of section 110 of title 17, United States Code, is liable for trademark infringement by reason of such conduct.’.
(c) Definition- In this section, the term ‘Trademark Act of 1946′ means the Act entitled ‘An Act to provide for the registration and protection of trademarks used in commerce, to carry out the provisions of certain international conventions, and for other purposes’, approved July 5, 1946 (15 U.S.C. 1051 et seq.).
ITLE IIINATIONAL FILM PRESERVATION
Subtitle AReauthorization of the National Film Preservation Board
SEC. 301. SHORT TITLE.
This subtitle may be cited as the ‘National Film Preservation Act of 2005′.
SEC. 302. REAUTHORIZATION AND AMENDMENT.
(a) Duties of the Librarian of Congress- Section 103 of the National Film Preservation Act of 1996 (2 U.S.C. 179m) is amended
(1) in subsection (b)–
(A) by striking ‘film copy’ each place that term appears and inserting ‘film or other approved copy’;
(B) by striking ‘film copies’ each place that term appears and inserting ‘film or other approved copies’; and
(C) in the third sentence, by striking ‘copyrighted’ and inserting ‘copyrighted, mass distributed, broadcast, or published’; and
(2) by adding at the end the following:
‘ Coordination of Program With Other Collection, Preservation, and Accessibility Activities- In carrying out the comprehensive national film preservation program for motion pictures established under the National Film Preservation Act of 1992, the Librarian, in consultation with the Board established pursuant to section 104, shall
‘(1) carry out activities to make films included in the National Film registry more broadly accessible for research and educational purposes, and to generate public awareness and support of the Registry and the comprehensive national film preservation program;
‘(2) review the comprehensive national film preservation plan, and amend it to the extent necessary to ensure that it addresses technological advances in the preservation and storage of, and access to film collections in multiple formats; and
‘(3) wherever possible, undertake expanded initiatives to ensure the preservation of the moving image heritage of the United States, including film, videotape, television, and born digital moving image formats, by supporting the work of the National Audio-Visual Conservation Center of the Library of Congress, and other appropriate nonprofit archival and preservation organizations.’.
(b) National Film Preservation Board- Section 104 of the National Film Preservation Act of 1996 (2 U.S.C. 179n) is amended
(1) in subsection (a)(1) by striking ’20′ and inserting ’22′;
(2) in subsection (a) (2) by striking ‘three’ and inserting ’5′;
(3) in subsection (d) by striking ’11′ and inserting ’12′; and
(4) by striking subsection (e) and inserting the following:
‘(e) Reimbursement of Expenses- Members of the Board shall serve without pay, but may receive travel expenses, including per diem in lieu of subsistence, in accordance with sections 5702 and 5703 of title 5, United States Code.’.
(c) National Film Registry- Section 106 of the National Film Preservation Act of 1996 (2 U.S.C. 179p) is amended by adding at the end the following:
‘(e) National Audio-Visual Conservation Center- The Librarian shall utilize the National Audio-Visual Conservation Center of the Library of Congress at Culpeper, Virginia, to ensure that preserved films included in the National Film Registry are stored in a proper manner, and disseminated to researchers, scholars, and the public as may be appropriate in accordance with
‘(1) title 17, United States Code; and
‘(2) the terms of any agreements between the Librarian and persons who hold copyrights to such audiovisual works.’.
(d) Use of Seal- Section 107 (a) of the National Film Preservation Act of 1996 (2 U.S.C. 179q(a)) is amended
(1) in paragraph (1), by inserting ‘in any format’ after ‘or any copy’; and
(2) in paragraph (2), by striking ‘or film copy’ and inserting ‘in any format’.
(e) Effective Date- Section 113 of the National Film Preservation Act of 1996 (2 U.S.C. 179w) is amended by striking ’7′ and inserting ’12′.
Subtitle BReauthorization of the National Film Preservation Foundation
SEC. 311. SHORT TITLE.
This subtitle may be cited as the ‘National Film Preservation Foundation Reauthorization Act of 2005′.
SEC. 312. REAUTHORIZATION AND AMENDMENT.
(a) Board of Directors- Section 151703 of title 36, United States Code, is amended
(1) in subsection (b)(2)(A), by striking ‘nine’ and inserting ’12′; and
(2) in subsection (b)(4), by striking the second sentence and inserting ‘There shall be no limit to the number of terms to which any individual may be appointed.’.
(b) Powers- Section 151705 of title 36, United States Code, is amended in subsection (b) by striking ‘District of Columbia’ and inserting ‘the jurisdiction in which the principal office of the corporation is located’.
(c) Principal Office- Section 151706 of title 36, United States Code, is amended by inserting ‘, or another place as determined by the board of directors’ after ‘District of Columbia’.
(d) Authorization of Appropriations- Section 151711 of title 36, United States Code, is amended by striking subsections (a) and (b) and inserting the following:
‘(a) Authorization of Appropriations- There are authorized to be appropriated to the Library of Congress amounts necessary to carry out this chapter, not to exceed $530,000 for each of the fiscal years 2005 through 2009. These amounts are to be made available to the corporation to match any private contributions (whether in currency, services, or property) made to the corporation by private persons and State and local governments.
‘(b) Limitation Related to Administrative Expenses- Amounts authorized under this section may not be used by the corporation for management and general or fundraising expenses as reported to the Internal Revenue Service as part of an annual information return required under the Internal Revenue Code of 1986.’.

TITLE IVPRESERVATION OF ORPHAN WORKS
SEC. 401. SHORT TITLE.

This title may be cited as the ‘Preservation of Orphan Works Act’.

SEC. 402. REPRODUCTION OF COPYRIGHTED WORKS BY LIBRARIES AND ARCHIVES.
Section 108(i) of title 17, United States Code, is amended by striking ‘(b) and (c)’ and inserting ‘(b), (c), and (h)’.

A.L. Miller SW Editor & Chief WOOF !

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Industrious SAG Negotiators reach tentative agreement with staggered increases

April 19, 2005 (20:21) | 2005 | By: Arlin Miller

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AFTRA, SAG and NON-BROADCAST PRODUCERS
REACH TENTATIVE AGREEMENT on SUCCESSOR PACTS

Deal Provides for Staggered Rate and Benefit Increases

New York/Los Angeles (April 22, 2005) The American Federation of Television and Radio Artists (AFTRA), Screen Actors Guild (SAG), and representatives for producers of non-broadcast, educational and industrial material have reached a tentative deal on successor agreements to the 2002-2005 AFTRA National Code of Fair Practice for Non Broadcast/Industrial/Educational Recorded Material and the Producers-Screen Actors Guild 2002 Codified Industrial and Educational Contract yesterday in New York City. These contracts cover performers rendering on-camera and voice-over services in sales programs, educational and training videos, informational and promotional messages heard over the telephone or in stores and other projects that are exhibited outside of the traditional broadcast arena.


The tentative deal includes an immediate one percent (1%) increase in the contribution rates into the unions’ benefit funds and a four percent (4%) rate increase halfway through its term.

The tentative agreement will be submitted for ratification to the AFTRA National Board of Directors on April 30, 2005 and to the SAG National Executive Committee on May 4, 2005.

If ratified, the new three-year pact will become effective on May 1, 2005, when the current contracts expire, and will remain in full force until midnight on April 30, 2008.

AFTRA Negotiating Committee Chair Roberta Reardon and SAG Negotiating Committee Chair Paul Napier noted: “We are gratified that this deal was made in a fair and expeditious manner. It is an ongoing challenge to balance the needs of working performers and the reality of this industry, which operates under a business model that is different from our traditional bargaining partners. We made advances in critical areas such as wages and benefits, and we did so quickly. This is a bread and butter contract for our locals and branches across the country and it was critical that this work continued to be covered without interruption.”

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