A Year In Prison For a 20-Second Film Clip? 1169
PizzaFace writes "It's Jhannet's 19th birthday, so her boyfriend borrows a camcorder to memorialize the occasion, and they head to the mall. They goof around, recording each other in the food court, then decide to catch the Transformers matinee, which started a few minutes earlier. During a big action scene, Jhannet takes the camcorder and records a 20-second clip to show her little brother. A few minutes later, cops who were called by the manager come in with flashlights, arrest Jhannet, confiscate the camcorder, and, at the behest of Regal Cinemas, charge her with film piracy. 'I was terrified,' said Jhannet. 'I was crying. I've never been in trouble before.' If convicted, she could be sentenced to a year in prison and a $2,500 fine. The police say they lack discretion because Regal Cinemas chose to prosecute: 'They were the victim in this case, and they felt strongly enough about it.' The National Association of Theater Owners supports Regal's 'zero-tolerance' prosecution standard: 'We cannot educate theater managers to be judges and juries in what is acceptable. Theater managers cannot distinguish between good and bad stealing.'"
Content "owner"? (Score:2, Informative)
I own my house; it does not go into the public domain after 175 years. I do not own the works I have registered copyrights for. Unless Congress gives Disney another extension my great great great great grandchildren will be SOL regarding my copyrights, but the house, should it not be sold, will still be theirs.
Someone should tell Disney and Congress this, however...
-mcgrew
Re:Devil's advocate (Score:5, Informative)
Not necessarily true. We had tickets to some random movie preview 10 months ago. As always, I had my phone with me as required for work (if the servers go down...). The goon at the door saw that my phone had camera capability and denied me entrance. After an extended, polite, kafkaesque conversation, my wife watched the movie while I drank coffee and read a book next door.
RTFA (Score:3, Informative)
Re:Devil's advocate (Score:5, Informative)
The 'time-shifting case' is Sony v. Universal. Let's see what the Court actually said there (emphasis mine):
Re:Devil's advocate (Score:4, Informative)
Not really.
Many different people have to decide this. That is how most crimes get prosecuted. Usually, but not all of the time, someone has to complain. If the theater had not complained, the kid would certainly not have been arrested.
Second, the police have to care enough to arrest you. The police have a lot of discretion as to whom they have to arrest. Most people on slashdot think this is a bad thing, but they need this discretion to do their job. Now perhaps in this case, the policeman was ordered to make the arrest, but in many other cases he might not have to. Say, a kid stealing a candy bar from a deli, or a fight in a bar were no one really gets hurt.
Next you have to get the prosecutor to take the case. Many cases where there are lawful arrests get dropped because the case has no merit. You might be legally arrested for spitting on the sidewalk in front of a cop, but that doesn't mean the prosecutor HAS to follow though with the case.
An finally we get to the Judge. There is a reason that there are ranges of sentences. That allows a judge to fairly weigh a punishment with a crime. maybe a year would be fair for a hardcore pirate that is working in a theater. this kid would never see a day in jail.
Re:Devil's advocate (Score:5, Informative)
Repeal the Law (Score:1, Informative)
Even though the movie industry has way more money, slashdot can drive way more letters to congress and the laws will start to balance the rights of those attending movies with the movie industries rights.
Re:Devil's advocate (Score:3, Informative)
Re:Devil's advocate (Score:4, Informative)
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,"
Note: A 20 second clip may or may not be protected under title 17.
IMO this is what is over the top:
(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).
Re:Devil's advocate (Score:5, Informative)
Year servced: One year.
Money gained for copyright holder/theater: Negative amounts.
Money gained for prison system: Negative amounts.
Total outcome: Hassle for everyone and shitload of money lost all around.
Re:Devil's advocate (Score:2, Informative)
Re:Why not tell them you put it in your car? (Score:5, Informative)
http://links.jstor.org/sici?sici=1047-7039(199308
http://www.springerlink.com/content/r3n4241065781
http://www.thomsoncustom.com/cj/cases/MOD018.pdf [thomsoncustom.com]
http://www.leaonline.com/doi/abs/10.1207/s1532782
What? What country are you living in? (Score:3, Informative)
WRONG!
The only person who can search you - EVER - is a police officer* with a warrant. Nobody else gets to search you.
Not even a police officer just for the hell of it. S/he has to have a warrant (or probable cause) or they can't search you without your permission.
You CAN NOT get searched by some fucking minimum wage fuckwad at a movie theater. You're going to watch Transformers, not fly to Afghanistan. If they start searching, then stay home. IT IS NOT A CRIMINAL ACT TO GO TO A THEATER.
Besides, most theft is internal. You don't get DVD-quality rips off a some guy who smuggled in a cellular with a 640 px camera and a omni-directional mike.
*or other government official, like customs officers, military members, etc.
Re:Why not tell them you put it in your car? (Score:1, Informative)
The articles are indeed psychological research on lying, and some psychological research does just make the cut as science (I haven't looked at those articles in particular enough to tell whether it does), but the articles he links to don't support his claim that some lying is good.
Re:Devil's advocate (Score:3, Informative)
I believe you are misjudging your audience if you think people here believe copyright should be done away with completely. I find that most people here are more in favor of significant copyright reform, but that's entirely different.
Additionally, it is not the content owner's decision whether or not a given use is fair, or whether or not a given use promotes their work- and never has been. Copyright has historically been a balance between copyright owners and the public. Ostensibly, copyright is supposed to promote creativity. While the "promotion" angle is certainly incredibly unpopular with content owners, it most certainly should be taken into account when judging a fair use- since one of the four factors is the effect on the market. It has also been the rationale for existing polices- like why terrestrial radio pays songwriters rather than performers. Of course, content owners are looking at changing that as well.