"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."
Does this make any sense? Somehow I was under the impression that federal law trumped state law. On 9/8/07, [EMAIL PROTECTED] <[EMAIL PROTECTED]> wrote: > > Send Discuss mailing list submissions to > [email protected] > > To subscribe or unsubscribe via the World Wide Web, visit > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > or, via email, send a message with subject or body 'help' to > [EMAIL PROTECTED] > > You can reach the person managing the list at > [EMAIL PROTECTED] > > When replying, please edit your Subject line so it is more specific > than "Re: Contents of Discuss digest..." > > > Today's Topics: > > 1. Fwd: Regal Cinemas (Fred Benenson) > > > ---------------------------------------------------------------------- > > Message: 1 > Date: Sat, 8 Sep 2007 18:49:13 -0400 > From: "Fred Benenson" <[EMAIL PROTECTED]> > Subject: [FC-discuss] Fwd: Regal Cinemas > To: "Discussion of Free Culture in general and this organization in > particular" <[email protected]> > Message-ID: > <[EMAIL PROTECTED]> > Content-Type: text/plain; charset="iso-8859-1" > > 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] > -------------- next part -------------- > An HTML attachment was scrubbed... > URL: > http://freeculture.org/pipermail/discuss/attachments/20070908/9c6b8bd6/attachment.html > > ------------------------------ > > _______________________________________________ > Discuss mailing list > [email protected] > http://freeculture.org/cgi-bin/mailman/listinfo/discuss > > > End of Discuss Digest, Vol 9, Issue 9 > ************************************* > -- http://www.madebyparker.com
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