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MPAA : Passage of Piracy Deterrence and Education Act of 2004
Par Yannick-Eleonore Scaramozzino

Legislation Remedy against Film piracy

 

 

The Motion Picture Association of America (MPAA)
September 28, 2004
commended the United States House of Representatives for the passage of H.R. 4077, the Piracy Deterrence and Education Act of 2004.
Among other things, this legislation establishes a federal felony for the unauthorized camcording of motion pictures in movie theatres, and updates the “No Electronic Theft” Act
to better enable the Justice Department to prosecute those people who make large numbers of movies or music, or “pre-release” music and movies, available online for millions to download.

 

Today’s action by the House of Representatives will help thwart the widespread theft of
America
’s intellectual property. Digital film piracy is a menace that poses a dire threat to every American filmmaker
,” said Dan Glickman, President and CEO of the Motion Picture Association of America (MPAA).

 

According to the President of the MPAA, H.R. 4077 will provide law enforcement the necessary tools to go after the heart of film piracy: illegal camcording of movies and the online theft of films on peer-to-peer networks or on similar technologies. Without such legislative remedies, film piracy could have a disastrous impact on the American film industry and put to peril the livelihoods of men and women who are employed in this industry[1]



.

 

On the September 23,, 2004, in a press release[2]



, John G. Malcolm, MPAA Senior Vice President & Director of Worldwide Anti-Piracy Operations, testified that the movie industry is facing the “exploding problem of movie piracy occurring on the Internet at online auction houses, pirate websites, over peer-to-peer networks, and through the sale of so-called ripper products that strip away encoded copyright protection from the legitimate products.” He noted that any given time there are approximately 8.3 million people illegally distributing copyrighted material over the Internet. He said the problem will only worsen because, according to the California Institute of Technology, it is now possible to download a full-length feature film from the Internet in four seconds
.

 

Malcolm praised the increased efforts of
US
federal law enforcement to combat piracy through various successful investigative operations such as Operation Fastlink
, Operation Digital Gridlock
and Operation Bucanneer
. He commended the Department of Justice and the Attorney General for expanding the Computer Hacking and Intellectual Property program and for creating an Intellectual Property Task Force. Malcolm also acknowledged the efforts of the Department of Homeland Security’s Bureau of Immigration and Customs Enforcement for its recent, successful joint operation with the Chinese Government to uncover a worldwide piracy ring.

 

In 2003, the MPA, in cooperation with local law enforcement officials, participated in nearly 32,000 raids and seized over 52 million pirated optical discs. Malcolm noted that despite those recent efforts to address piracy here and abroad “more needs to be done”. He urged Congress to equip federal law enforcement agencies to “send a strong message to other nations that it recognizes the importance of intellectual property and that it addresses the theft of intellectual property with the same rigor that it addresses other types of serious economic crime.”

 

According to Malcolm, the aggressive use of trade tools such as the Special 301 process and the Generalized System of Preferences should remain an essential part of the U.S’ strategy to motivate other countries to take their intellectual property obligations seriously. In the same manner, Malcolm noted that bilateral and multilateral trade negotiations involving the World Trade Organization and Free Trade Agreements are important tools for securing other countries to commit to protecting intellectual property. 

 

 

 

About the MPAA :

The Motion Picture Association of America, Inc. (MPAA) serves as the voice and advocate of the American motion picture, home video and television industries from its offices in
Los Angeles
and
Washington
,
D.C.
Its members include Buena Vista Pictures Distribution, Metro-Goldwyn-Mayer Studios Inc., Paramount Pictures, Sony Pictures Entertainment Inc., Twenthieth Century Fox Film Corporation, Universal City Studios LLLP, and Warner Bros Entertainment Inc.

 

 

Extract from
:

- MPAA commends US House of Representatives on Passage of Piracy Deterrence and Education Act of 2004 : for immediate release

- MPAA’S Malcom testifies to growth of international piracy, pirate activitives supported by organized crime and terrorist groups provides specific recommendations to equip government agencies in fight against piracy : for immediate release.

 

 

Article mis en ligne le 11 octobre 2004

 



[1]




“[…] Malcolm pointed out that the copyright industries, which comprise of movies, music, television programs, home videos, computer software, video games, books and sound recordings, employ “3,5 percent of the American workforce and have created jobs at a rate more than three times 
faster than the rest of the economy” and “earn more money abroad than automobiles, airplanes and agriculture.” Ha said that the movie industry has a “surplus trade balance with every single country in the world, and no other American industry can make that claim.”

Extract from immediate release.23.09.04 see hereafter footnote 2.

[2]




MPAA’S Malcom testifies to growth of international piracy, pirate activitives supported by organized crime and terrorist groups provides specific recommendations to equip government agencies in fight against piracy : immediate release.23.09.04


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