The United States Congress has recently approved a bill called the "Family Entertainment and Copyright Act" on Tuesday which raises the maximum jailtime for sharing a movie file to 5 years for the first offence and 10 years for a second offence. To put that in perspective, if you commit manslaughter — that is to say, if you kill an innocent person — the maximum penalty you can receive is 3 years.

Family Entertainment and Copyright Act of 2005

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

1. Offense- Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual 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.

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2. Forfeiture and Destruction- 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 copies of motion pictures or other audiovisual works protected under title 17, or parts thereof, and any audiovisual recording devices or other equipment used in connection with the offense.

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4. Immunity for Theaters- With reasonable cause, the owner or lessee of a motion picture exhibition facility where a motion picture or other audiovisual work is being exhibited, the authorized agent or employee of such owner or lessee, the licensor of the motion picture or other audiovisual work being exhibited, or the agent or employee of such licensor--
1. may detain, in a reasonable manner and for a reasonable time, any person suspected of a violation of this section with respect to that motion picture or audiovisual work for the purpose of questioning or summoning a law enforcement officer; and
2. shall not be held liable in any civil or criminal action arising out of a detention under paragraph (1).

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7. Definitions- In this section, the following definitions shall apply:

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2. AUDIOVISUAL RECORDING DEVICE- The term `audiovisual recording device' means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.'.

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SEC. 103. CRIMINAL INFRINGEMENT OF A WORK BEING PREPARED FOR COMMERCIAL DISTRIBUTION.

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4. Any person who commits an offense under section 506(a)(1)(C) of title 17--
1. shall be imprisoned not more than 3 years, fined under this title, or both;
2. shall be imprisoned not more than 5 years, fined under this title, or both, if the offense was committed for purposes of commercial advantage or private financial gain;
3. shall be imprisoned not more than 6 years, fined under this title, or both, if the offense is a second or subsequent offense; and
4. shall be imprisoned not more than 10 years, fined under this title, or both, if the offense is a second or subsequent offense under paragraph (2).'

Section 2319B.b also says that they are allowed to destroy your recording device, where 2319B.g.2 defines a recording device as "any technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device." Most cellphones, digital still-picture cameras (nevermind videocameras), and PDAs fall under this definition.

Section 2319B.d says that if a movie theatre (motion picture exhibition facility) even suspects that you might be recording, nevermind if you are or not, they are allowed to detain you for a "reasonable time" for the purpose of questioning or summoning a law enforcement officer. So imagine you're watching the movie, and the owner doesn't like you. He can pull you out of your chair and lock you into a room, and wait until closing time (10+ hours), to then go in and "question" you. Why did he wait so long? Well, he's a busy guy and he doesn't want to have to take time out of his business just to deal with crooks. The theatre "shall not be held liable in any civil or criminal action arising out of a detention". They can perform illegal actions on you if they suspect you might have been recording the film. They can claim you tried to escape and shoot and kill you.