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P2P: The Family Entertainment and Copyright Act seeks P2P Pirates |
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"The law had drawn some controversy because it broadly says that anyone who has even one copy of an unreleased film, software program or music file in a shared folder could be subjected to prison terms and fines of up to three years. Penalties would apply regardless of whether that file was downloaded or not.
The Family Entertainment and Copyright Act also includes sections criminalizing the use of camcorders to record a movie in a theater, and authorizing the use of technologies that can delete offensive content from a film. "
Eric Goldman adds:
"As part of the Family Entertainment and Copyright Act, Congress enacted the “Artists' Rights and Theft Prevention Act of 2005” or the “ART Act.” The ART Act adds two new major criminal standards: (1) using a camcorder to record a film in a movie theater, and (2) the willful distribution of pre-release software, movies and music by making it available on a computer network accessible to the public. There are some other goodies for copyright owners, including instructions to the Copyright Office to create a registration process for pre-release works and instructions to the Sentencing Commission (to the extent that body still matters) to ratchet up sentences for criminal copyright infringement yet again."
Summary text of the law: "Family Entertainment and Copyright Act of 2005 -Title I: Artists' Rights and Theft Prevention - Artists' Rights and Theft Prevention Act of 2005 or ART Act - (Sec. 102) Amends the Federal criminal code to prohibit the unauthorized, knowing use or attempted use of a video camera or similar device to transmit or make a copy of a motion picture or other copyrighted audiovisual work from a performance of such work in a movie theater. Sets forth penalties for such violations, which may include imprisonment for not more than three years for a first offense. Considers the possession of a recording device in a movie theater as evidence in any proceeding to determine whether that person committed such an offense, but shall not, by itself, be sufficient to support a conviction for such offense."
Sources: C|Net, Eric Goldman, Bill Summary & Status for the 109th Congress.
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