By-Lined Article
Family Entertainment Act yields its first prosecution
By Eric J. Sinrod
September 14, 2005
USAToday.com
Not long ago, President Bush signed the Family Entertainment and Copyright Act of 2005 into law. One part of that law, known as the Artists' Rights and Theft Prevention Act of 2005, criminalizes the use of recording equipment to copy movies playing in theaters.
Furthermore, the law bars the infringement of work prepared for commercial distribution by making it available on a computer network accessible to the public, when the violator knew or should have known that the work was intended for commercial distribution. And now, on the heels of the new law, the first criminal indictment has been filed against a defendant who allegedly used a camcorder in movie theaters to copy recent releases and then who allegedly uploaded the copies to a computer network for distribution.
The U.S. Attorney for the Northern District of California has charged Curtis Salisbury, a 19-year-old from St. Charles, Missouri, with violating the new law in a five-count indictment. The prosecution of Mr. Salisbury, according to the U.S. Attorney's office, is part of a continuing investigation known as Operation Copycat, which so far supposedly has resulted in the execution of over 40 searches across the country.
Specifically, Mr. Salisbury is alleged to have used an audiovisual recording device to copy the movies "The Perfect Man" on June 21, 2005 and "Bewitched" on June 28, 2005. Copies of these movies then allegedly were distributed on a computer network via "warez" sites that offer pirated movies, games and software. The indictment also asserts that Mr. Salisbury illegally downloaded the movie "Madagascar" and the software programs "Sony Sound Forge V8.0," Adobe "Premier Pro V7," and Adobe "Premier Pro V1.5 Proper."
The indictment sets forth that Mr. Salisbury apparently communicated with others regarding the tools and processes of removing identifying features on films that disclose the originating theater for specific films. Furthermore, he allegedly communicated about receiving payment at a post office box for copies of films he would supply.
The indictment charges Mr. Salisbury with conspiracy – two counts of copyright infringement by distributing a copyrighted work on a computer network – and two counts of unauthorized recording of motion pictures in a motion picture exhibition network. Included in the indictment is a criminal forfeiture and destruction provision designed to ensure forfeiture and destruction of recording equipment and unauthorized copies of films. The statutory penalties for violations of the new law can be as high as five years in prison, a $250,000 fine or twice the value of the property involved, whichever is greater, a three-year period of supervised release, and a mandatory special assessment.
Of course, Mr. Salisbury is to be presumed innocent of the charges raised in the criminal indictment unless and until convicted. Still, the indictment of Mr. Salisbury shows that the United States Attorney's office in Northern California and United States Attorney's offices elsewhere vigorously will seek to prosecute perceived violators of the new Family Entertainment and Copyright Act.
Eric Sinrod is a partner in the San Francisco office of Duane Morris (www.duanemorris.com), where he focuses on litigation matters of various types, including information technology disputes. His column appears Wednesdays at USATODAY.com. His Web site is www.sinrodlaw.com, and he can be reached at . To receive a weekly e-mail link to Mr. Sinrod's columns, please send an e-mail with the word Subscribe in the Subject line to .
Disclaimer: This column is prepared and published for informational purposes only and should not be construed as legal advice. The views expressed in this column are those of the author and do not necessarily reflect the views of the author's law firm or its individual partners.
Reprinted here with permission from USAToday.com.
