H.R. 4678: Restoring Artistic Protection Act of 2025

This legislation, titled the "Restoring Artistic Protection Act of 2025," proposes changes to the Federal Rules of Evidence regarding the admissibility of a defendant's creative or artistic expressions in legal proceedings. Here are the key points of the bill:

1. Limitation on Admissibility

The bill introduces a new rule, Rule 416, which states that a defendant's creative or artistic expressions—which may include music, literature, visual art, and other forms of expression—are generally inadmissible as evidence against them in court.

2. Exceptions to Inadmissibility

There are specific conditions under which a court can allow such evidence to be presented:

• The court must hold a hearing outside the presence of the jury where the government proves by clear and convincing evidence that:
• If the expression is original, the defendant intended a literal meaning; or
• If the expression is derivative, that the defendant intended to adopt its literal meaning as their own thought or statement.
• In criminal cases, the expression must directly relate to the facts of the alleged crime.
• In civil cases, the expression must directly relate to the facts outlined in the complaint.
• It must be shown that the expression is relevant to a disputed fact in the case.
• It must offer unique probative value that is not covered by other admissible evidence.

3. Court Rulings and Procedures

• The court is required to document its rulings and findings during the hearing on the record.
• If any evidence is admitted, the court must ensure that only the relevant parts of the expression are presented to the jury and provide appropriate instructions on how to interpret this evidence.

4. Definition of Creative or Artistic Expression

The bill defines "creative or artistic expression" to encompass a wide range of activities, including:

• Music
• Dance
• Performance art
• Visual art
• Poetry
• Literature
• Film
• Other forms of media and artistic creation

5. Amendments to Legal Texts

The legislation also mandates a clerical amendment to the table of contents for the Federal Rules of Evidence, to include this new rule on artistic expressions.

Relevant Companies

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