Page:Public Law 109-9.djvu/2

119 STAT. 218 PUBLIC LAW 109-9—APR. 27, 2005

Public Law 109-9 109th Congress

An Act


 * Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 * This Act may be cited as the ``Family Entertainment and Copyright Act of 2005´´.

SEC. 101. SHORT TITLE.

 * This title may be cited as the ``Artists' Rights and Theft Prevention Act of 2005´´ or the ``ART Act´´.

SEC. 102. CRIMINAL PENALTIES FOR UNAUTHORIZED RECORDING OF MOTION PICTURES IN A MOTION PICTURE EXIIIBITION FACILITY.

 * (a) .—Chapter 113 of title 18, United States Code, is amended by adding after section 2319A the following new section:

"§ 2319B. Unauthorized recording of Motion pictures in a Motion picture exhibition facility


 * "(a) .—Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audio-visual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility, shall—


 * "(1) be imprisoned for not more than 3 years, fined under this title, or both; or


 * "(2) if the offense is a second or subsequent offense, be imprisoned for no more than 6 years, fined under this title, or both.


 * "The possession by a person of an audiovisual recording device in a motion picture exhibition facility may be considered as evidence in any proceeding to determine whether that person committed an offense under this subsection, but shall not, by itself, be sufficient to support a conviction of that person for such offense.

"(b) .—When a person is convicted of a violation of subsection (a), the court in its judgment of conviction shall, in addition to any penalty provided, order the forfeiture and destruction or other disposition of all unauthorized