The Senate passed two bills on Friday that would carve out a larger role for law enforcers in the entertainment industry’s struggle to limit unauthorized copying of its movies and music.
People who secretly videotape movies when they are shown in theaters could face jail time, while hackers and industry insiders who distribute copyrighted works before their official release date would also face stiffened penalties under one bill.
A separate measure would allow prosecutors to file civil suits in copyright cases, rather than criminal suits which require a higher standard of proof.
Copies of hit movies frequently show up on the Internet while they’re still in theaters, thanks to pirates who sneak camcorders into movie theaters to tape films directly off the screen or industry insiders who leak copies to tech-savvy hackers.
Under a bill sponsored by Republican Sen. John Cornyn of Texas and Democratic Sen. Dianne Feinstein of California, those found guilty of such behavior would face up to three years in prison for a first offense, or five years if it was done for profit. Repeat offenders could spend 10 years behind bars.
Movie studios and other copyright holders would be able to sue for damages.
A similar bill was approved by a House of Representatives subcommittee in March.
Another bill sponsored by Democratic Sen. Patrick Leahy of Vermont would allow the Justice Department to use the same legal tactics as the recording industry, which has sued more than 3,000 people for distributing its music online.
In criminal cases, prosecutors must prove that defendants knew they were breaking the law, while civil cases only require proof that the act took place.
The Justice Department would get an extra $5 million per year through 2009 under the first bill, while the second would provide an additional $2 million next year to teach U.S. officials how to handle civil copyright suits.
“We are now one step closer to making thefts far more difficult, prosecution of criminals much easier, and the protection of consumers and artists much stronger,” Cornyn said.
The Recording Industry Association of America said both bills would allow more options to help enforce copyrights.
An official with a trade group for “peer to peer” networks like Blubster and eDonkey was less enthusiastic.
“They’re using federal prosecutors as a civil law firm for Hollywood,” said Adam Eisgrau, executive director of P2P United.