PRIA, Government Policy, Made Personal

Summary

Using or trying to use a camera or similar device to copy or send a movie from inside a movie theater without the copyright owner's permission is a crime. A first offense can bring up to 3 years in prison, a fine, or both. A second or later offense can bring up to 6 years, a fine, or both. Just having a recording device in a theater can be used as evidence, but it cannot by itself prove someone is guilty. Property seized for this crime can be taken, destroyed, or returned and victims can get restitution as allowed under section 2323 and other laws. Lawful government investigations or security work are not stopped by this rule. With reasonable cause, a theater owner, employee, licensor, or their agent may detain someone suspected of this crime for a short, reasonable time to question them or call police, and they are protected from civil or criminal lawsuits for doing so. Victims may give a statement during the presentence report that describes who was harmed and the economic loss, and it should list affected producers, sellers, rights holders, and their lawyers. State laws and remedies still apply. Terms like "motion picture" and similar words use the meanings in Title 17, and an "audiovisual recording device" means any camera or technology that can record or transmit a movie.

Title 18, §2319B

Crimes and Criminal Procedure, Source: USLM XML via OLRC

(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 of Property; Restitution.—

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)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)

(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(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)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

(C)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.

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