So a very dodgy copcept to me, even from a nutter point of view. Surely kids could end up watching adult movies that are unsuitable not though swear words or particular violent acts but through the tone of a
film. I would guess that the BBFC would not think much to the idea as it would belittle their carefully thought out age classifications.
From
The Register
It will soon become legal in the USA to alter a motion picture so long as all the sex, profanity, and violence have been edited out, thanks to a bill called the Family Movie Act, an attachment to the Family
Entertainment and Copyright Act approved Tuesday by the House. The Senate has already passed its own version, and the President is expected to sign it.
Overall, the bill is a big win for Hollywood, with significantly harsher penalties for common
bootleggers. But the 'family movie' provision, championed by Lamar Smith (Republican), Chairman of the House Judiciary Committee's Internet and Intellectual Property Subcommittee, indemnifies any company that makes prudish versions of movies
available without authorization. File sharing will remain a crime, but so long as all the good parts have been purged, a sort of Puritanical bootlegging will be tolerated, if not encouraged.
The bill does not address companies such as CleanFilms,
Family Flix, and others, that produce sanitized versions of movie DVDs. These outfits claim that they do not violate copyrights because they buy a copy of the original each time they create a bowdlerized version. These claims amount to no harm no foul:
the studios are selling just as many copies as they otherwise would, and perhaps more when one considers the number of people who would not buy the original versions.
The studios say that their copyrights are being violated whenever a company or
individual re-distributes their work for profit. The Director's Guild is especially incensed because the outfits doing the censoring are re-working the movies however they see fit, which the directors claim can make a mess of their work. (Although there
are bowdlerized editions of movies for broadcast and for exhibition on airplanes, in those cases the directors themselves produce the edited versions, and the production companies and studios are compensated for these performances through a licensing
scheme.)
The directors agree that whenever a person purchases a DVD, it becomes their property and they can do with it what they please: edit it for their own enjoyment, decorate a Christmas tree with it, or satisfy their curiosity about how long
it might last in the microwave oven. But the thing one may not do is market one's own copies of it. And this, they say, is what CleanFilms and Family Flix are doing, whether they buy an equal number of original copies or not.
These claims and
counterclaims are currently being tested in the courts. Companies like ClearPlay go about things a bit differently, with a DVD player and downloadable filter templates that can skip past objectionable content without actually altering the DVD.
Creating a separate DVD seems to be a straightforward case of copyright violation that the courts ought to settle easily in favor of the studios, but with ClearPlay, the problem is not so obvious. The company does not produce an unauthorized copy of the original: it produces DVD player technology that users can control to show as much, or as little, skin and violence as they wish to see. The disk itself is not affected.
While this leaves shaky footing for a copyright infringement claim, the Director's Guild had been hoping that the courts would recognize their right not to have their work fiddled with by amateurs. ClearPlay does choose for consumers which
portions of each movie its system will skip on demand. Users work from a menu of selections such as violence, sex, nudity, profanity, homosexuality, etc. to be suppressed. Essentially, the company is selling a library of filtering templates for movies
that people can customize to some extent.
Interestingly, Smith's legislation appears tailored to accommodate ClearPlay alone. The bill will protect from copyright liability, a manufacturer, licensee, or licensor of technology that enables the
making of limited portions of audio or video content of a motion picture imperceptible... It says nothing about making separate editions on DVDs, although the courts have begun taking up that issue.