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A couple of our officers were executing a search warrant on a gambling palour and came across equipment used to copy music and movie DVDs on a large scale. It was clear from what they found that the operation was designed to copy and sell copyrighted (is that a word) CDs and DVDs.

Any ideas on the appropriate charge? There were no labels involved so I do not know if this could be wedged into PC 32.23 somehow. What was conterfeited was the music/movie itself, not the mark.

???
 
Posts: 130 | Location: Hempstead, Texas, USA | Registered: March 15, 2007Reply With QuoteReport This Post
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I'm not sure what to do if you just have duplicating equipment but if you have recordings too try looking at Chapter 641 of the Business and Commerce Code. We have had success in the past under that chapter.

Also, the Motion Picture Association of America and the Recording Industry Association of America are pretty helpful in terms of expert testimony. In our case the expert was prepared to testify that a particular movie in the defendant's possession was not out of the theater, yet.
 
Posts: 158 | Location: Texas, USA | Registered: July 11, 2001Reply With QuoteReport This Post
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Are the feds at all interested? (IOW, was it THAT big?)
 
Posts: 1089 | Location: UNT Dallas | Registered: June 29, 2004Reply With QuoteReport This Post
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Check out Business & Commerce Code Sec. 35.94. The MPAA employs some regional investigators who are assigned to assist in these cases.
 
Posts: 1029 | Location: Fort Worth, TX | Registered: June 25, 2001Reply With QuoteReport This Post
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