Curtis Salisbury, 19, of St Charles, Missouri, was charged on
Wednesday with using a camcorder to make copies of the movies "The
Perfect Man" and "Bewitched". Copies of the films were then
distributed on a computer network through "warez" sites, or sites
offering pirated movies, games and software.
The indictment charges one count of conspiracy; two counts of
copyright infringement by distributing a copyrighted work on a
computer network; and two counts of unauthorised recording of
motion pictures in a motion picture exhibition facility.
The last four counts are violations of the Family Entertainment
and Copyright Act 2005, which came into effect in April this
year.
One part of that statute, known as the ART Act ("Artists' Rights
and Theft Prevention Act of 2005"), criminalises the use of
recording equipment to make copies of movies in movie theatres.
Individuals found guilty of this offence face up to three years in
prison and a fine of at least $250,000 per count.
The statute also prohibits the infringement of pre-release
material by making it available on a computer network accessible to
members of the public, where the individual knew or should have
known the work was intended for commercial distribution.
If found guilty of this offence, Salisbury could face five years
in prison and a fine of at least $250,000 per count.
The indictment represents the first charges brought under the
new Act.
According to the Justice Department, Salisbury has also been
accused of illegally downloading the movie "Madagascar," and the
software programs "Sony Sound Forge V8.0," Adobe "Premier Pro
V7.0," and Adobe "Premier Pro V1.5 Proper."
The indictment further alleges that Salisbury communicated with
others concerning the tools and processes of removing identifying
features on a film that revealed the originating theatre of a
particular film. Additionally, he allegedly discussed receiving
payment for the films that he would provide, indicating that he
would like to be paid by money order at a post office box when the
film is ready for release.
Salisbury is due to appear in court on 18th August.
