Making a profit off of illegally copied movies

[TonyD23]

1. My dad's friend is selling DVDs that he burned from the original movie to make a profit. (ie- selling I Am Legend for $5.00)

2. Location: PA

3. What is the penalty? I'm just curious because my dad bought one from him, and he says that there is no real issue with it!

Thank you.

[Kimble]

Your dad sounds like a hell of a good role model for you. :rolleyes:

[phantasm]

NYS that'd be trademark counterfeiting, which depending on how many, is a felony. If he's making them himself, there's probably also a manufacturing charge on the books. Also if the MPA ever finds out, they'll sue for some massive amount/copy. Also its a federal crime with massive fines.

[cobravenom1]

In CA;

Your dad's friend can be charged with various CA copywrite laws. Then the original owner/s can sue you in civil court too. Oh, did I mention that there are Federal laws that have been violated too. If there was any profit made, he's getting a federal record. If he just produced copies and gave them away, hecan be charged with anything between a misdemeanor to a felony depending of the numbe. This all is actually minor compared to what the owners will do i civil court. They go after everyone for all the money/property possible. I have seen $100.00 of profit by felon turn into almost a million dollar judgement in civil court.

Your dad can be charged with receipt of stolen property and have to prove he did not make any copies himself to not be dragged into the same civil lawsuit.

Now, who want's to watch my original copy of "Speed Racer"!:D
(J/K, REALLY);)

[TonyD23]

Thank you for the fast answers! I will inform my dad of the problems he may face, and hopefully he will tell his friend as well.

[Legoate]

If you ever watch DVDs you will see the big "FBI Warning" screen that you are forced to sit through for 15 seconds, usually followed by an "Interpol Warning" screen. It pretty clearly states the federal fines and prison time you can get for pirating movies.

[mcsap]

PA Crimes Code , Title 18 , Section 4116 Copying; recording devices.

If they make 100 or more copies within 180 days ...it is a Felony of the 3rd degree. If less than the 100 items or more than the 180 days , it is a Misdemeanor of the 1st degree.

[charlydevo]

Can you tell me where you father's friend lives?



18 § 2319. Criminal infringement of a copyright

(a) Whoever violates section 506 (a) (relating to criminal offenses) of title 17 shall be punished as provided in subsections (b) and (c) of this section and such penalties shall be in addition to any other provisions of title 17 or any other law.
(b) Any person who commits an offense under section 506 (a)(1) of title 17—
(1) shall be imprisoned not more than 5 years, or fined in the amount set forth in this title, or both, if the offense consists of the reproduction or distribution, including by electronic means, during any 180-day period, of at least 10 copies or phonorecords, of 1 or more copyrighted works, which have a total retail value of more than $2,500;
(2) shall be imprisoned not more than 10 years, or fined in the amount set forth in this title, or both, if the offense is a second or subsequent offense under paragraph (1); and
(3) shall be imprisoned not more than 1 year, or fined in the amount set forth in this title, or both, in any other case.

§ 506. Criminal offenses

(a) Criminal Infringement.—
(1) In general.— Any person who willfully infringes a copyright shall be punished as provided under section 2319 of title 18, if the infringement was committed—
(A) for purposes of commercial advantage or private financial gain;
(B) by the reproduction or distribution, including by electronic means, during any 180–day period, of 1 or more copies or phonorecords of 1 or more copyrighted works, which have a total retail value of more than $1,000; or
(C) by the distribution of a work being prepared for commercial distribution, by making it available on a computer network accessible to members of the public, if such person knew or should have known that the work was intended for commercial distribution.

[Joeyd6]

It is a HUGE federal crime. Charges can include:

18-1343: Wire Fraud
18-63: Mail fraud
18-371: Conspiracy
18-2319: Copyright infringement
18-2318: Trafficking in counterfeit labels, illicit labels, or counterfeit documentation or packaging
18-2320: Trafficking counterfeit goods

The minimum sentence is 3 to 5 years and a $250,00 fine and yes it is enforced on the small guy all the time. And one the criminal part is done, there is the civil part where the MPAA sues you for civil damages of $30,000 to $50,000 per copy found!

[Aussie George]

If you ever watch DVDs you will see the big "FBI Warning" screen that you are forced to sit through for 15 seconds, usually followed by an "Interpol Warning" screen. It pretty clearly states the federal fines and prison time you can get for pirating movies.

That warning might not be on the copies of DVD's his Dad buys. ;)

[TonyD23]

I printed out this post and told him about it and his response, "I don't care, he could go to jail for all I care".

I hate him sometimes, he never listens to me or anything I tell him.

[copgirl]

They arrested a guy here with 155 copied DVD's (he had an history already).
I don't know the legislation in PA

[cobravenom1]

I printed out this post and told him about it and his response, "I don't care, he could go to jail for all I care".

I hate him sometimes, he never listens to me or anything I tell him.

Tell him if his BUDDY rolls over on him, he is part of the civil lawsuit also and will need to PROVE he did not make copies also. Unless he's got video of himself 24/7, he may loss as much money as his BUDDY in the civil suit.:rolleyes::D

[Joeyd6]

Since your dad is not listening and does not care, why don't you send me a private message on here with your dads friends info. In a few short weeks, you can smile knowing somebody listened to you on here and you can tell you dad "See, I told you so."