Out of the Theater, Into the Courtroom (Wash. Post article on phone taping of movie)
08-16-07, 05:40 PM
#52
DVD Talk Limited Edition
So according to the article, toward the end of the movie, the girl records a few seconds of the film on her camera (not even a camcorder), and then puts the camera away. I am truly suprised that some posters here feel that because of this she is getting what she deserves.
Hopefully the DA shows more common sense and drops the case.
Hopefully the DA shows more common sense and drops the case.
08-16-07, 05:48 PM
#53
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Originally Posted by DVD Josh
Chris, if I were a prosecutor, I could convict you on this pretty easily. Intent can be inferred from your actions. Given the distribution networks of ngs, mirc, torrents, etc. and the fact that such recording could "caused to be used" for commercial advantage (i.e., a third party acquiring the recording and selling it).
Now, you could say that you only record for yourself and never even trade or post the recording, and that might get you out of this (but I don't think a jury would buy it).
However, I'd nail you on trespassing. I'm sure these places that would grab you for taping have a no-taping policy. You've violated the terms of the invitation and are no longer and invitee but a trespasser.
I'm just saying, if they wanted to, they could get you. Your subjective intent is not at issue. It's the objective intent of someone typically taping a concert. Our legal system does not operate on the honor system.
Now, you could say that you only record for yourself and never even trade or post the recording, and that might get you out of this (but I don't think a jury would buy it).
However, I'd nail you on trespassing. I'm sure these places that would grab you for taping have a no-taping policy. You've violated the terms of the invitation and are no longer and invitee but a trespasser.
I'm just saying, if they wanted to, they could get you. Your subjective intent is not at issue. It's the objective intent of someone typically taping a concert. Our legal system does not operate on the honor system.
Often folks are "charged" for trespassing and just removed from the building. Or sometimes people just give up the tape, and are allowed to stay. But there is nothing against the law about the recording part.
I have recorded many a show that has not been shared in anyway. Prolly about half of my recordings are not out there.
This is a big problem that the industry has, thinking live recordings hurt sales. I have recorded shows that have been pressed into Silver CD's and if any show I recorded was released by the band, I would have purchased it.
The Pixies, The Who, Duran Duran and the Foo Fighters have all released shows that I was at and recorded. I have purchased all of them. (Foo was a compilation of multiple nights, and wasn't even complete, yet I still got it) EDITED TO ADD: Since I knew these were being commerically released, NONE of them have been traded or shared in anyway.
But it is a common misconsiption that "recording a concert" is illegal. It's not. I know of NO ONE, anywhere being charged with recording a concert. Distributing "Bootlegs"? Of course...
Last edited by Chrisedge; 08-16-07 at 05:53 PM.
08-24-07, 09:38 AM
#54
DVD Talk Legend
Update
She pleaded (pled?) guilty and was fined $71 in court costs. The movie chain supposedly pressured the prosecutor to charge the teen in order to make an example out of her.
http://blog.wired.com/27bstroke6/200...-largest-.html
She pleaded (pled?) guilty and was fined $71 in court costs. The movie chain supposedly pressured the prosecutor to charge the teen in order to make an example out of her.
http://blog.wired.com/27bstroke6/200...-largest-.html
World's Largest Theater Chain Pressured Prosecutor to Charge Teen for Filming 20 Seconds of Transformers
By David Kravets August 22, 2007 | 4:57:04 PMCategories: Crime
Arlington County's top prosecutor, Richard E. Trodden, tells THREAT LEVEL he was pressured by Regal Entertainment Group, the world's largest movie exhibitor, to prosecute a 19-year-old Virginia woman for filming 20 seconds of Transformers.
"What they were saying, 'Could you get her to admit that it wasn't right.' They wanted to make sure the message gets out," Trodden said in a telephone interview Wednesday. "This was kind of trying to address the concerns of the theater people, and the fact that it was not an outrageous crime."
Trodden, pictured at right, said he spoke with Randy Smith, Regal's general counsel. Messages left for Smith at the company's Knoxville, Tennessee headquarters were not immediately returned.
Jhannet Sejas, 19, pleaded guilty last week in Arlington County General District Court to one misdemeanor count of filming a motion picture in a movie house owned by Regal Cinemas. The statute, like the 37 others nationwide sponsored by the motion picture industry, deems filmgoers guilty for filming a "portion" or a "portion thereof" of a movie. "I totally forgot that I was not allowed to do that," Sejas said Wednesday. "I did it without thinking clearly.
Her attorney, Sandra Hughes, said she "wished the case hadn't gotten this far as it did."
"I know that Regal Cinemas has a zero-tolerance policy," she added.
Sejas, who paid a $71 fine and faced a maximum year in jail and $2,500 penalty, was arrested at Arlington County Regal Cinema theater last month. She said her only intention behind her crime, committed with a Canon Powershot camera, was to show her little brother a snippet of the show.
Trodden, the county's top prosecutor, conceded Sejas' crime was minimal.
"The statute is clear: you're not allowed to photograph any part," Trodden said. "It was not an egregious case. That's why we came to this moderate disposition."
Trodden said Sejas, as part of the plea deal, will have the conviction removed from her record in a year if she stays out of trouble.
"What it boils down to, she said 'I shouldn't have done this.' If she keeps her nose clean, this will go away and there will be no record."
Regal Cinemas, part of the Regal Entertainment Group, says it's the world's largest motion picture exhibitor. The group comprises of Regal Cinemas, United Artists Theatres and Edwards Theatres. The group says it operates 6,386 screens in 539 locations in 40 states and the District of Columbia.
By David Kravets August 22, 2007 | 4:57:04 PMCategories: Crime
Arlington County's top prosecutor, Richard E. Trodden, tells THREAT LEVEL he was pressured by Regal Entertainment Group, the world's largest movie exhibitor, to prosecute a 19-year-old Virginia woman for filming 20 seconds of Transformers.
"What they were saying, 'Could you get her to admit that it wasn't right.' They wanted to make sure the message gets out," Trodden said in a telephone interview Wednesday. "This was kind of trying to address the concerns of the theater people, and the fact that it was not an outrageous crime."
Trodden, pictured at right, said he spoke with Randy Smith, Regal's general counsel. Messages left for Smith at the company's Knoxville, Tennessee headquarters were not immediately returned.
Jhannet Sejas, 19, pleaded guilty last week in Arlington County General District Court to one misdemeanor count of filming a motion picture in a movie house owned by Regal Cinemas. The statute, like the 37 others nationwide sponsored by the motion picture industry, deems filmgoers guilty for filming a "portion" or a "portion thereof" of a movie. "I totally forgot that I was not allowed to do that," Sejas said Wednesday. "I did it without thinking clearly.
Her attorney, Sandra Hughes, said she "wished the case hadn't gotten this far as it did."
"I know that Regal Cinemas has a zero-tolerance policy," she added.
Sejas, who paid a $71 fine and faced a maximum year in jail and $2,500 penalty, was arrested at Arlington County Regal Cinema theater last month. She said her only intention behind her crime, committed with a Canon Powershot camera, was to show her little brother a snippet of the show.
Trodden, the county's top prosecutor, conceded Sejas' crime was minimal.
"The statute is clear: you're not allowed to photograph any part," Trodden said. "It was not an egregious case. That's why we came to this moderate disposition."
Trodden said Sejas, as part of the plea deal, will have the conviction removed from her record in a year if she stays out of trouble.
"What it boils down to, she said 'I shouldn't have done this.' If she keeps her nose clean, this will go away and there will be no record."
Regal Cinemas, part of the Regal Entertainment Group, says it's the world's largest motion picture exhibitor. The group comprises of Regal Cinemas, United Artists Theatres and Edwards Theatres. The group says it operates 6,386 screens in 539 locations in 40 states and the District of Columbia.
