Thursday, August 02, 2007

Copyright Enforcement out of Control!

Read "Out of the Theater, Into the Courtroom: Brief Taping Brings Charges" by Daniela Deane, The Washington Post, August 2, 2007.

A Marymount University sophomore was charged recently with a crime: illegally recording a motion picture. In the July 17 incident, she was at the Regal Cinemas Ballston Common 12 watching a matinee showing of the hit movie "Transformers". She "was enjoying the movie so much that she decided to film a short clip of the sci-fi adventure's climax to get her little brother hyped to go see it." Apparently two Arlington County police officers arrived in the darkened theater and ordering the student and her boyfriend out. They confiscated the digital camera as evidence and charged her with a crime. She "faces up to a year in jail and a fine of up to $2,500 when she goes to trial this month."

Comment: I am no lawyer, but as I understand it, there is a fair use exception for sharing excerpts of copyrighted materials that includes reviews of the material. If in fact all this student did was copy a short piece of the film to show her brother, I don't see why she was arrested. JAD

The article states:
"Arlington police spokesman John Lisle said it was the decision of Regal Cinemas Ballston Common 12 to prosecute the case, a first for Arlington police."


Comment: Why exactly is a movie theater demanding prosecution for an offense that it believes may have occurred involving infringement of the copyright held by a movie studio? What kind of training do local police have in the enforcement of copyright laws? What is the liability if this was a false arrest? JAD

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