Record, Tape, and Film Piracy and RICO (Racketeer Influenced and Corrupt Organizations) (From Techniques in the Investigation and Prosecution of Organized Crime, Volume Three, 1980 - See NCJ-93571)

• NCJ Number: 93578
• Author(s): M Roberts
• Date Published: 1980
• Length: 40 pages
• Sale Source: National Institute of Justice/; NCJRS Photocopy Services
• Language: English
• Country: United States of America

Annotation

The criminal and civil sanctions provided against the piracy of records, tapes, and films by the Racketeer Influenced and Corrupt Organizations Act (RICO) could, if used, provide one of the most effective deterrents against this crime.

Abstract

Although records, tapes, and films are now granted full copyright protection, the sanctions under the copyright law are insufficient to deter piracy in view of the large profits that can be made. RICO provides additional legal sanctions, which are much more severe than those provided by the copyright law. RICO's advantages include the ability to immobilize the enterprise financially through the use of the criminal forfeiture provisions and to make whole actual injuries suffered by the victims of the fraud through the treble damage suits. In addition, RICO permits either the Government or private individuals to initiate a lawsuit against the pirates to obtain injunctions. Section 1962(c) of the law provides an effective tool to combat the piracy problem. The Government and the industries affected by piracy should adopt litigation strategies to ensure the continued and effective use of RICO against pirates and also against legitimate retailers who are selling pirated products. A total of 139 are provided. (Author summary modified)