FYI I just found this in Free Culture @ NYU's inbox... Not really sure if
it's worth responding to at this point, considering Jhannet settled.
F
---------- Forwarded message ----------
From: Free Culture @ NYU <[EMAIL PROTECTED]>
Date: Sep 8, 2007 6:44 PM
Subject: Fwd: Regal Cinemas
To: [EMAIL PROTECTED]
---------- Forwarded message ----------
From: Randy Smith <[EMAIL PROTECTED]>
Date: Aug 9, 2007 1:12 PM
Subject: Regal Cinemas
To: [EMAIL PROTECTED]
To Whom It May Concern:
On July 17, 2007, an individual was witnessed illegally video
recording the movie Transformers at our Ballston Commons Theatre
located in Arlington, Virginia. Since March of 2007, there have been
18 separate incidents of illegal recording and distribution of feature
films in the Washington D.C. area, which reflects a very active film
theft ring working in the Washington D.C. area. As such, theatre
management have been on high alert to both monitor guest activity as
well as make all efforts to find and prosecute the responsible
parties.
Our review of the events of July 17, 2007 establish that our
management handled the matter both appropriately and professionally
and at this time it is now up to the local authorities to handle the
matter in accord with state law. Specifically, it is up to the
authorities of the state to determine the applicability of the law at
issue to the facts of the case, not Regal Management. This process
allows the authorities to ascertain facts and make decisions as it
pertains to the propriety of the prosecution and, to the extent
relevant, what if any penalties are assessed. We have communicated
with the authorities and understand that most first time offenders are
not formerly prosecuted and receive a warning for their behavior. It
is further our understanding that we do not have the right or
privilege to request any form of disposition of the matter and it is
entirely up to the local prosecutor to determine how to proceed. It
is our hope that the judicial system will evaluate the facts related
to this matter and exercise its discretion to address the individual's
behavior in a fair and appropriate manner.
Theatre exhibition companies have been asked to assist the Motion
Picture Association of America in their efforts to stem the illegal
recording and sales of motion pictures. It is estimated by the major
film studios that the Film Industry loses billions of dollars in
annual film revenue associated with such illegal recording activity.
Any one living in the New York area has likely seen street vendors
offering bootleg DVD's of movies still showing in the theaters. This
loss of revenue affects all aspects of the motion picture industry;
from the studios that produce the films, the actors that star in such
films, the film crews, and the companies that exhibit such films all
of whom work to enable us to enjoy our favorite American pastime of
watching movies. In addition, film distribution companies can
withhold product from an exhibition company that has experienced film
theft from certain theatres, which places that company in a
competitive disadvantage by denying them the ability to show films
such as Transformers due to illegal downloading occurring at any
particular location. As such, it is imperative that the film industry
and exhibition aggressively defend our property.
Both the federal government and most states, including Virginia, have
passed legislation making such conduct illegal. Virginia Code Ann.
Section 59.1-41.2 states:
A.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.
B. The owner or lessee of a commercial theater where a motion picture
is being exhibited, or his authorized agent or employee, who has
probable cause to believe that a person has made a recording in
violation of subsection A on the premises of the owner or lessee, may
detain such person for a period not to exceed one hour pending arrival
of a law-enforcement officer. . . . .
* *
* *
D. The term "audiovisual recording function" means that component of
an analog or digital photographic or video camera or other device
developed with the capability to record or transmit a motion picture
or any part thereof.
While many have commented on the fair use aspect, which pertains to
federal copyright laws, it has no relationship to the Virginia state
law at issue.
It is our hope that this information will better explain both the
events in question, the law at issue and the status of this matter.
Raymond (Randy) Smith, Jr.
Sr. V.P.
7132 Regal Lane
Knoxville, Tn. 37918
(865) 925-9529 office
(865) 925-7827 Fax
[EMAIL PROTECTED]
Raymond (Randy) Smith, Jr.
Sr. V.P., H.R. Counsel
7132 Regal Lane
Knoxville, Tn. 37918
(865) 925-9529 office
(865) 925-7827 Fax
[EMAIL PROTECTED]
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