Camcorders or Recording Devices in Movie Theaters
In order to thwart would-be pirates from rebroadcasting motion pictures illicitly over the Internet and other electronic means, policymankers are combatting digital piracy by banning cameras and other recording devices such as image-capturing cellphones in theaters and movie houses. At least twenty states and the District of Columbia have statutes that prohibit camcorders and other recording devices in theaters. In 2005, at least fifteen states passed legislation on this issue, and as of June 2006, at least four states are considering legislation that addresses the issue; New Mexico have already made an enactment.
Laws
(external link to statutes provided where available)
Arizona §13-3723 It is unlawful for a person to knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being exhibited with the intent to record the motion picture when that person knew or should have known they were doing so without the consent of the owner or lessee of the facility in which the motion picture is being exhibited.
California Penal Code §653z Every person who operates a recording device in a motion picture theater while a motion picture is being exhibited, for the purpose of recording a theatrical motion picture and without the express written authority of the owner of the motion picture theater, is guilty of a public offense and shall be punished by imprisonment in a county jail not exceeding one year, by a fine not exceeding two thousand five hundred dollars ($2,500), or by both that fine and imprisonment.
California Penal Code §490.5 A theater owner may detain a person for a reasonable time for the purpose of conducting an investigation in a reasonable manner whenever the theater owner has probable cause to believe the person to be detained is attempting to operate a video recording device within the premises of a motion picture theater without the authority of the owner of the theater.
Colorado §18-4-516 A person who, while within a motion picture theater, knowingly operates an audiovisual recording function of a device for the purpose of recording a motion picture, while a motion picture is being exhibited, without the consent of the owner or lessee of the motion picture theater, commits the offense of criminal operation of a device in a motion picture theater.
Connecticut §29-128f. Any person who knowingly operates an audiovisual recording function of a device in a motion picture theater while a motion picture is being exhibited without the consent of the owner or lessee of such theater and with the intent to record such motion picture shall be guilty of a class B misdemeanor.
D.C. Code § 22-3214.02 (2003) A person commits the offense of unlawfully operating a recording device in a motion picture theater if, without authority or permission from the owner of a motion picture theater, or his or her agent, that person operates a recording device within the premises of a motion picture theater. Any person convicted of unlawfully operating a recording device in a motion picture theater shall be fined not more than $300 or imprisoned for not more than 90 days, or both.
Florida §540.12 It is unlawful for a person to knowingly operate the audiovisual recording function of any device in a motion picture theater, in which a motion picture is being exhibited, with the intent of recording the motion picture, if the person knows or should have known that he or she was recording the motion picture without the consent of the theater owner.
Georgia §16-8-62 Any person who knowingly operates the recording function of an audiovisual recording device while a motion picture is being exhibited, without the consent of the owner, operator, or lessee of the exhibition facility and of the licensor of the motion picture being exhibited, shall be guilty of film piracy.
Illinois 720 ILCS 5/21-10 Any person, where a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of that exhibition facility and of the licensor of the motion picture being exhibited is guilty of criminal use of a motion picture exhibition facility.
Kansas §51-301 Unlawful use of a recording device is knowingly operating, in a motion picture theater, while a motion picture is being exhibited, an audiovisual recording function of a device without the consent of the owner or lessee of such theater. Unlawful use of a recording device is a class A nonperson misdemeanor on conviction of the first offense. Unlawful use of a recording device is a severity level 9, nonperson felony on conviction of a second or subsequent conviction.
Maryland §7-308 Except in the lobby area of a motion picture theater, a person may not knowingly operate an audiovisual recording function of a device in a motion picture theater without the consent of the owner or lessee of the theater.
Massachusetts Chapter 266: §143F Any person, in a motion picture theater while a motion picture is being exhibited, who knowingly operates an audiovisual recording function, with the intent to unlawfully record the motion picture and without the consent of the owner or lessee of the motion picture theater, shall be punished for a first offense by imprisonment in the house of correction for not more than 2 years or by a fine of not more than $100,000, or by both such fine and imprisonment and for a second or subsequent conviction, by imprisonment in the state prison for not more than 5 years or by a fine of not more than $250,000, or by both such fine and imprisonment.
Michigan §750.465a A person who knowingly operates an audiovisual recording function of a device in a theatrical facility where a motion picture is being exhibited without the consent of the owner or lessee of that theatrical facility and of the licensor of the motion picture being exhibited is guilty of a crime.
New Jersey §2C:2121 "New Jersey Anti-Piracy Act" includes camcorder piracy of motion pictures.
New York Gen Bus §217 et seq Lawful detention for a motion picture theater for the purposes of investigation or questioning as to the unauthorized operation of a recording device in a motion picture theater.
New York Penal §275.32 et seq Unauthorized operation of a recording device in a motion picture theater is a violation.
Ohio § 2913.07. No person, without the written consent of the owner or lessee of the facility and of the licensor of the motion picture, shall knowingly operate an audiovisual recording function of a device in a facility in which a motion picture is being shown. Whoever violates division of this section is guilty of motion picture piracy, a misdemeanor of the first degree on the first offense and a felony of the fifth degree on each subsequent offense.
Oklahoma §§21-1741 Any person, where a motion picture is being exhibited, who knowingly operates an audiovisual recording function of a device without the consent of the owner or lessee of the facility and of the licensor of the motion picture being exhibited shall be guilty of unlawful use of a recording device and shall be punished by imprisonment in the county jail for a term not to exceed one (1) year, by a fine not more than Ten Thousand Dollars ($10,000.00), or by both such fine and imprisonment.
Pennsylvania 18 Pa.C.S. § 4116.1 A person commits the offense of unauthorized operation of a recording device in a motion picture theater if the person operates a recording device in the theater without written authority or permission from the motion picture theater owner. If any person admitted to a theater in which a motion picture is to be or is being exhibited refuses or fails to give or surrender possession or to cease operation of any recording device that the person has brought into or attempts to bring into that theater, then a theater owner shall have the right to refuse further admission to that person or request that the person leave the premises.
Tennessee §39-14-110 It is an offense for a person to knowingly operate an audiovisual recording function of a device in a facility where a motion picture is being exhibited for the purpose of recording a theatrical motion picture and without the consent of the owner or lessee of such facility.
Virginia Code Ann. §18.2-187.2 It shall be unlawful for any person to operate an audiovisual recording function of a device in a commercial theater, excluding the lobby and other common areas, to record a motion picture or any portion thereof without the consent of the owner or lessee of the theater. Any person who violates the provisions of this section is guilty of a Class 1 misdemeanor.
Washington RCW 19.235.010 Whoever, without the consent of the owner or lessee of the motion picture exhibition facility and the licensor of the motion picture being exhibited, knowingly operates an audiovisual recording function of a device in a motion picture exhibition facility is guilty of a gross misdemeanor.
Wisconsin Wis. Stat. § 943.49 Criminalizes recording in movie theater and provides detention of person committing violation. No person may operate a recording device in a motion picture theater without written consent from the theater owner or a person authorized by the theater owner to provide written consent.
2005 Camcorders or Recording Devices in Movie Theaters
as of 6/2006
(external link to bills provided where available)
Arkansas H.B. 2442 Status: Signed by Governor, 4/11/05, Act 1932 Creates the offense of motion picture piracy and prohibits use of an audiovisual recording function without permission.
Hawaii H.B. 164 Status: Signed by Governor, 5/20/05, Act 59 Bans the use of audiovisual recording devices in a movie theater without prior consent of the movie theater operator.
Idaho H.B. 203 Status: Signed by Governor 4/1/05, Session Law Chapter 239 Criminalizes the operation of an audiovisual recording device in a movie theater without the written consent of the theater owner.
Indiana S.B. 557 Status: Enrolled Act 4/26/05, Public Law No. 94 Provides that a person who knowingly or intentionally uses an audiovisual recording device in a motion picture exhibition facility with the intent to transmit or record a motion picture commits unlawful recording, a Class B misdemeanor. Allows an owner or agent of a motion picture exhibition facility who has probable cause to believe that a person has committed unlawful recording to detain the person.
Louisiana H.B. 9 Status: Signed by Governor, 6/9/05, Act No. 11 Creates the crime of unlawful operation of an audiovisual recording device.
Maine H.B. 593 (LD 834) Status: Signed by Governor, 5/20/05, Public Law Chapter 199 A store or motion picture theater owner, manager or supervisor, or that person's designee, may detain on the premises in a reasonable manner and for a reasonable period of time any person as to whom there is probable cause to believe is unlawfully concealing merchandise or concealing part of or operating an audiovisual or audio recording function of any device in the motion picture theater while a motion picture is being exhibited, without the written consent of the motion picture theater owner.
Minnesota H.B. 695 / S.B. 672 Status: House Committee on Public Safety Policy and Finance / Referred to Crime Prevention and Public Safety Audiovisual recording device use prohibited in motion picture theaters.
Mississippi H.B. 713 / S.B. 2238 Status: Died in committee / Signed by Governor, 3/14/05, Chapter number 336 An act to create the offense of using an audiovisual recording device in a motion picture theater; and for related purposes.
New Hampshire S.B. 106 Status: Signed by Governor, 5/23/05, Chapter Number 0070 Makes unauthorized recording in a motion picture theater a crime.
Nevada A.B. 124 Status: Signed by Governor, 5/26/05, Chapter 156. Prohibits operation of audiovisual recording function of device in motion picture theater under certain circumstances.
New York A.B. 6427 / S.B. 3117 Status: 3/11/2005 Referred to codes / 5/9/05 Referred to codes Replaces the existing penalty of a violation with a Class A misdemeanor to better reflect the exponentially more damaging nature of the same offense today. The original statute was designed to prohibit the use of a video camera or audio video recorder in a movie theater to record a motion picture so as to combat the sale and trafficking of counterfeit movies obtained from such illegal recordings.
North Carolina H.B. 687 Status: Signed by Governor, 8/22/05, Ch. SL 2005-301 Establishes the criminal offense of unlawful operation of an audiovisual recording device or video camera inside a motion picture theater to record or transmit a motion picture.
Oregon S.B. 368 Status: Signed by Governor, 7/7/05, Chapter 459, 2005 Laws Prohibits audiovisual recording of motion pictures in motion picture theaters without consent of theater owner. Prohibits producing or offering for sale audiovisual recordings without consent of owner. Punishes by maximum of six months' imprisonment, $2,500 fine, or both.
Rhode Island H.B. 5262 / S.B. 44 Status: 7/6/05 Effective without Governor's signature, Chapter 164 / 7/6/05 Effective without Governor's signature, Chapter 162 Creates the anti-camcorder piracy act. / Criminalizes operation of a recording device in a motion picture theater a misdemeanor.
South Carolina H.B. 3078 / S.B. 20 Status: To Committee on Judiciary / Signed by Governor, 5/23/05 Act No. 64 Creates the offense of unlawful operation of a recording device in a motion picture theater.
Texas H.B. 1871 / S.B. 481 Status: Tabled / Signed by Governor, 5/13/05 Amends the Business & Commerce Code by making the unauthorized operation of a recording device in a motion picture theater punishable as a Class A misdemeanor. The punishment for repeat offenders would be enhanced to a state jail felony for one previous conviction and a felony of the third degree for offenders previously convicted two or more times.
Vermont S.B. 105 Status: 3/31/05, in Senate Judiciary Criminalizes the act of operating a recording device for the purpose of recording a theatrical motion picture without the consent of the motion picture theater.
West Virginia H.B. 2129 Status: Signed by Governor, 4/8//05, Chapter 162, Acts, 2005 Relates to the unlawful use of an audio-visual recording device in a motion picture theater; defining certain terms; providing immunity for theater owner who detains person violating this section; and providing penalties.
2006 Camcorders or Recording Devices in Movie Theaters
as of 6/2006
(external link to bills provided where available)
Delaware S.B. 321Status: Signed by Governor 6/28/06, Chapter 316 Makes it a Class B misdemeanor to take still pictures of a motion picture without the owner's consent, and makes it a Class C Felony to make a copy of a motion picture shown in a theater without consent.
Status: House Committee on Public Safety Policy and Finance / Referred to Crime Prevention and Public Safety
Audiovisual recording device use prohibited in motion picture theaters.
Status: Chaptered. Chapter No. 79, 3/8/06
Creates a new criminal offense of the Unlawful Operation of an Audiovisual Recording Device, which makes it a misdemeanor for anyone to record or transmit a movie from a movie theater without the theater owner’s permission. The Act permits theater personnel to detain alleged violators for law enforcement without civil liability unless plaintiffs can show by clear and convincing evidence that the detention was unreasonable. The Act allows law enforcement to operate such devices in a movie theater when such operation is part of an investigation
Status: 3/11/2005 Referred to codes / 5/9/05 Referred to codes
Replaces the existing penalty of a violation with a Class A misdemeanor to better reflect the exponentially more damaging nature of the same offense today. The original statute was designed to prohibit the use of a video camera or audio video recorder in a movie theater to record a motion picture so as to combat the sale and trafficking of counterfeit movies obtained from such illegal recordings.
Status: 3/31/05, in Senate Judiciary
Criminalizes the act of operating a recording device for the purpose of recording a theatrical motion picture without the consent of the motion picture theater.
NCSL Contact: Janna Goodwin, Denver, 303-364-7700
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