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Out-Law News 1 min. read

Teenager charged under movie piracy Act


A teenager has become the first person to be charged under a new US copyright Act that targets the unauthorised recording of films in movie theatres, and the distribution of pre-release copyrighted material.

Curtis Salisbury, 19, of St Charles, Missouri, was charged on Wednesday with using a camcorder to make copies of the movies "The Perfect Man" and "Bewitched". Copies of the films were then distributed on a computer network through "warez" sites, or sites offering pirated movies, games and software.

The indictment charges one count of conspiracy; two counts of copyright infringement by distributing a copyrighted work on a computer network; and two counts of unauthorised recording of motion pictures in a motion picture exhibition facility.

The last four counts are violations of the Family Entertainment and Copyright Act 2005, which came into effect in April this year.

One part of that statute, known as the ART Act ("Artists' Rights and Theft Prevention Act of 2005"), criminalises the use of recording equipment to make copies of movies in movie theatres. Individuals found guilty of this offence face up to three years in prison and a fine of at least $250,000 per count.

The statute also prohibits the infringement of pre-release material by making it available on a computer network accessible to members of the public, where the individual knew or should have known the work was intended for commercial distribution.

If found guilty of this offence, Salisbury could face five years in prison and a fine of at least $250,000 per count.

The indictment represents the first charges brought under the new Act.

According to the Justice Department, Salisbury has also been accused of illegally downloading the movie "Madagascar," and the software programs "Sony Sound Forge V8.0," Adobe "Premier Pro V7.0," and Adobe "Premier Pro V1.5 Proper."

The indictment further alleges that Salisbury communicated with others concerning the tools and processes of removing identifying features on a film that revealed the originating theatre of a particular film. Additionally, he allegedly discussed receiving payment for the films that he would provide, indicating that he would like to be paid by money order at a post office box when the film is ready for release.

Salisbury is due to appear in court on 18th August.

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