§ 3.05 Unauthorized Recording of Motion Pictures in a Motion Picture Exhibition Facility ("Camcording") 18 U.S.§ 2319B

• Jurisdiction: United States

§ 3.05 Unauthorized Recording of Motion Pictures in a Motion Picture Exhibition Facility ("Camcording")—18 U.S.C. § 2319B

The Family Entertainment and Copyright Act of 2005, Pub. L. No. 109-9, 119 Stat. 218 (enacted April 27, 2005), created a criminal offense that targets "camcording," the use of camcorders and similar devices to record movies playing in public movie theaters. In addition to the federal camcording offense in § 2319B, most states and the District of Columbia also provide criminal penalties for unauthorized camcording. The elements of an offense under 18 U.S.C. § 2319B are that the defendant (1) knowingly, and (2) without the authorization of the copyright owner, (3) used or attempted to use an audiovisual recording device, (4) to transmit or make a copy of a motion picture or other audiovisual work protected under Title 17, (5) from a performance of such work in a motion picture exhibition facility.³⁹⁴ The maximum punishment for the offense is three...