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NY AG Cuomo pushes for stronger film piracy penalties

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May 5, 2008

NEW YORK—Bootleggers beware: New York Attorney General Andrew Cuomo wants to toughen the penalty for film piracy to include jail time.

With actress Tina Fey at his side, Cuomo proposed state legislation Monday that would make it a misdemeanor to illegally record a film or live performance, or to sell such footage for commercial purposes.

Currently, those caught committing piracy are hit with a violation that only carries a fine. Under the proposal, a first-time offender would face up to a year in prison, and a repeat offender would be charged with a felony. New York City already has upgraded film piracy to a misdemeanor with a penalty of up to six months in jail for a first offense.

"New York has become the hub for a criminal network dedicated to film piracy," Cuomo said at a news conference. "The wide distribution of pirated films originating from New York costs our state vital economic resources, including thousands of jobs and millions of dollars in tax revenue."

The Motion Picture Association says a large chunk of bootlegged films are recorded in New York City theaters. The duplications are typically sold for mass reproduction or posted on the Internet, sometimes just hours after the movie has premiered.

Pirated movies cost major U.S. film studios more than $6 billion in 2005, according to the association. A study by the group shows that the New York City movie industry alone loses an estimated $1.5 billion a year due to piracy, and the local economy suffers further with lost earnings, tax revenue and jobs.

Cuomo's proposal has to be introduced in the state Legislature. Brian Gorman, spokesman for State Sen. Frank Padavan, who is expected to co-sponsor it with State Sen. Dale Volker, said it should be introduced within a week.

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