Public Law 109-9
FAMILY ENTERTAINMENT AND COPYRIGHT ACT OF 2005
Sec. 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,
``(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
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
[[Page 119 STAT. 219]]
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.
Basically, your nifty camera phone could land you in jail if you take it into a movie theater. All your photos, phone records, and voicemail would be searched for evidence of a crime.
If you *did* happen to take a picture in the theater and it shows something on the screen, then you could go to jail for three years and your phone will be destroyed.
"...or other equipment used in connection with the offense." I interpret that to mean that if you have a copy of said image on your phone from a friend, then you might be considered complicit and could have *your* phone siezed and destroyed, too. Don't forward that image!
IANAL, but that is what I read.
Well thought out there in Congress... Such a bunch of geniouses.
This is what we get for repeatedly electing lawyers to office. Where are the farmers? Where are the engineers? Where are the, dare I say, accountants and economists?