§2319B — Title 18 Crimes and Criminal Procedure | U.S. Code

Summary

It is a crime to knowingly use or try to use a recording device to copy or send a movie or other audiovisual work from a screening in a movie theater without the copyright owner's permission. The first offense can bring up to 3 years in prison, a fine under federal law, or both. A second or later offense can bring up to 6 years, a fine, or both. Equipment and copies can be seized, destroyed, or subject to restitution under section 2323. Authorized government investigative, protective, or intelligence actions are allowed. With reasonable cause, a theater owner, lessee, their agent or employee, or the work’s licensor or their agent or employee may detain someone briefly to question them or call police and cannot be sued for that detention. Victims may give impact statements during the presentence report; victims include producers, sellers, copyright holders, and their lawyers. State law rights remain in effect. Defined terms: audiovisual work, copy, copyright owner, motion picture, motion picture exhibition facility, and transmit — mean what Title 17, section 101 says. Audiovisual recording device — any camera or technology that can record or send a movie.

Title 18, §2319B

Crimes and Criminal Procedure — Source: USLM XML via OLRC

(a)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.

(b)Forfeiture, destruction, and restitution relating to this section shall be subject to section 2323, to the extent provided in that section, in addition to any other similar remedies provided by law.

(c)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)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)(1)During the preparation of the presentence report under rule 32(c) 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)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

(C)the legal representatives of such producers, sellers, and holders.

(f)Nothing in this section may be construed to annul or limit any rights or remedies under the laws of any State.

(g)In this section, the following definitions shall apply:

(1)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)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.

Notes & Related Subsidiaries

Editorial Notes

References in Text

The Federal Rules of Criminal Procedure, referred to in subsec. (e)(1), are set out in the Appendix to this title.

Amendments

2008—Subsec. (b). Pub. L. 110–403 amended subsec. (b) generally. Prior to amendment, text read as follows: “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.”

§2319B Unauthorized Recording of Motion Pictures in a Motion Picture Exhibition Facility