18 U.S.C. § 2319B : US Code - Section 2319B: Unauthorized recording of Motion pictures in a Motion picture exhibition facility

Search 18 U.S.C. § 2319B : US Code - Section 2319B: Unauthorized recording of Motion pictures in a Motion picture exhibition facility

(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. - 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.
(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) 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) 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.