Theft Of Unreleased Films Prosecutions
1. United States v. Morris, 202 F.3d 550 (2d Cir. 2000)
Facts:
Morris, a computer programmer, hacked into a film studio’s network and downloaded several unreleased movies before their theatrical release.
He attempted to sell copies to online piracy groups.
Legal Issue:
Violation of the Copyright Act and the Computer Fraud and Abuse Act (CFAA) for unauthorized access and distribution.
Outcome:
Convicted on multiple counts of copyright infringement and CFAA violations.
Sentenced to 3 years in federal prison and ordered to pay restitution to the studio.
Key point: Unauthorized access to digital copies of unreleased films constitutes both copyright infringement and criminal computer fraud.
2. United States v. Harkins, 2006 U.S. Dist. LEXIS 93556 (C.D. Cal.)
Facts:
Harkins stole pre-release DVDs of a major Hollywood film from a distribution center.
The DVDs were being prepared for promotional screenings.
Legal Issue:
Theft of trade secrets and copyrighted material under 18 U.S.C. § 1832 (Economic Espionage Act) and 17 U.S.C. § 506.
Outcome:
Harkins was convicted for both theft of trade secrets and copyright infringement.
Ordered to pay fines and serve 18 months in prison.
Key point: Pre-release films are treated as proprietary assets; theft from studios or distributors triggers serious criminal liability.
3. United States v. Lavelle, 2011 U.S. Dist. LEXIS 12709 (S.D.N.Y.)
Facts:
Lavelle, an employee of a post-production house, illegally copied several unreleased films onto USB drives.
Attempted to upload them to an online file-sharing site for early distribution.
Legal Issue:
Unauthorized reproduction and distribution of copyrighted work, and breach of confidentiality agreements.
Outcome:
Convicted under federal copyright law; sentenced to 2 years in federal prison.
Key point: Employees with access to unreleased content are legally liable if they copy or distribute it without authorization.
4. United States v. Liu, 731 F.3d 982 (9th Cir. 2013)
Facts:
Liu downloaded unreleased movies using illegal streaming sites and sold them to consumers via an online platform.
The stolen content included high-profile blockbuster films.
Legal Issue:
Copyright infringement and conspiracy to distribute copyrighted material under 17 U.S.C. § 506.
Outcome:
Liu received a 5-year prison sentence and was ordered to pay $1.2 million in restitution.
Key point: Commercial sale or online distribution of stolen unreleased films significantly increases criminal penalties.
5. Sony Pictures Entertainment v. Does 1–100, 2014 U.S. Dist. LEXIS 164768 (C.D. Cal.)
Facts:
Following the Sony hack of 2014, unreleased films and confidential scripts were stolen and leaked online.
Plaintiffs sought criminal prosecution and civil remedies against unknown defendants.
Legal Issue:
Unauthorized access under the Computer Fraud and Abuse Act and copyright infringement.
Outcome:
Several individuals were later identified and prosecuted; settlements and criminal sentences were imposed.
Key point: Large-scale hacks targeting unreleased films constitute both criminal offenses and civil violations; studios actively pursue both routes.
6. United States v. Wi, 2010 U.S. Dist. LEXIS 88992 (N.D. Cal.)
Facts:
Wi, an employee at a visual effects company, uploaded unreleased film trailers and footage to torrent sites.
The stolen material spread widely before official release dates.
Legal Issue:
Unauthorized reproduction and distribution of copyrighted material; breach of contractual and confidentiality obligations.
Outcome:
Convicted under federal copyright law; sentenced to 18 months in prison and ordered to pay restitution.
Key point: Even partial leaks (trailers, footage) of unreleased films are protected under copyright and trade secret law.
Legal Takeaways:
Copyright Protections: Unreleased films are fully protected under 17 U.S.C., and theft constitutes criminal infringement.
Trade Secrets: Films in pre-release stages are treated as trade secrets; theft can violate the Economic Espionage Act.
Employee Liability: Insiders with access face strict liability if they copy or distribute films.
Digital Piracy: Hacking, file-sharing, or torrent distribution is aggressively prosecuted under federal law.
Penalties: Can include prison, fines, restitution, and seizure of equipment.
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