On April 27, 2005 President Bush signed the Family Entertainment and Copyright Act of 2005 (Pub.L. 109-9). The Act includes provisions for a federal ban on videotaping in movie theaters, an exemption for technology that allows viewers to edit objectionable material from movies viewed at home, a reauthorization of the National Film Preservation Board and Foundation and an extension of the rights of libraries to copy orphan works.

Title I of the Act, the Artists’ Rights and Theft Prevention Act of 2005 (the ART Act) makes it a felony to use an audiovisual recording device in a movie theater to record copyrighted works. State laws dealing with this subject area generally are not exempted. The ART Act also addresses criminal infringement of works being prepared for commercial distribution. Specifically, it criminalizes willful infringement of a copyrighted work if committed: (1) for commercial advantage or private financial gain; (2) by reproduction or distribution, including by electronic means during a 180-day period works that have a total retail value over $1000; or (3) by making it available on a computer network accessible to the public. The Act also provides for civil remedies.

Title II, the Family Movie Act of 2005, grants an exemption to developers and manufacturers of technology that allows a viewer to skip or filter out limited audio or visual portions of a motion picture during a performance intended for private home viewing only. No fixed copy of the altered version may be created by the technology. This portion of the Act also provides exemptions for both copyright and trademark infringement.

The Act also reauthorizes the National Film Preservation Board and Foundation. Additionally, under the Preservation of Orphan Works Act, the rights of libraries to make copies of "orphan works" are expanded to include musical, pictorial, graphic or sculptural works and motion pictures or other audiovisual works. "Orphan works" are defined as those works in the last 20 years of the applicable copyright term that are no longer commercially exploited and unavailable for purchase at an affordable price.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.