Maricopa County Attorney Andrew Thomas Awarded by Music Industry: Sheriff Steals Music
Randy L. Harrington
May 30, 2006
On January 10, 2006 Maricopa County Attorney Andrew Thomas and his elite Fraud and Identity Theft Enforcement Bureau prosecutors received a “Gold Record” from the Recording Industry Association of America for his ongoing efforts to prosecute criminals who make illegal copies of music. Thomas’ award came just days after Maricopa County Sheriff Joe Arpaio played pirated music to his 10,318 jail inmates, and visitors.
Arpaio published a Press Release telling the public and the press that “the jail house would rock through Christmas Day.” According to the Press Release, and jail house sources the music included Elvis Presley, “Songs from the CD Navidad Bachatera for those who hail from Mexico and Latin America, O Holy Night Christmas by the Mormon Tabernacle Choir, Celtic music from Ireland, and Elvis’s ‘Christmas Peace and Gregorian chants and Carols for the Anglo Saxon crowd.”
In 2005 Andrew Thomas prosecuted a Mesa student who plead guilty to possessing pirated copies of intellectual property, and was sentenced to three months in jail, plus probation, community service and a fine.
A spokesperson for the Maricopa County Lower Buckeye Jail Facility who spoke on condition of anonymity confirmed that sometime around December 14, 2005 the jail received a CD with “copied and remixed music” that were mentioned in Arpaio’s Press Release. Jail detention personnel received orders from Arpaio that the music was to be played over the jail’s intercom and cable system, and in inmates jail cells and living areas through December 25, 2005. Arpaio indicated that if the music were not played according to his instructions that employees of the jail would be “severely disciplined.”
BMI and ASCAP, who are agencies that represent recording artists, songwriters, and publishers in the United States, when contacted said that Sheriff Arpaio, or the Maricopa County Sheriff’s Office did not have a license to reproduce the Christmas music, or to broadcast the Christmas music over any of the jails intercom, or broadcast systems.
Joan McGivern, Vice President of Legal Services for ASCAP said in a telephone interview said that Arpaio’s reproduction, distribution, and broadcasting of the Christmas music constituted theft of copyrighted material. Theft of copyrighted material is a federal crime, and also subjects violators to stiff monetary damages.
ASCAP representatives said that they have a very inexpensive and easy licensing process applicable for local governments, and municipal organizations, and that Arpaio or the Maricopa County Sheriff’s Office never applied, or received a license. ASCAP legal representatives indicated that they do not grant licenses on a retroactive basis, but instead take swift legal action against violators when they are exposed.
Cathy Merenda from Fox Film Music Corporation, the publishers and owners of Gregorian Chants, said that Sheriff Arpaio or the Maricopa County Sheriff’s Office did not have permission to use Gregorian Chants over the jails’ broadcast and cable system, and that he did not have permission to copy any of the works in Gregorian Chants.
Former Jail Inmate Steve Waddington remembers being an Inmate at Lower Buckeye Jail in December. He said that the Christmas music broadcast by Arpaio caused depression among most of the inmates, because it was broadcast from early in the morning until late in the evening, and was broadcast so loud. He said that the music led to many acts of violence among the inmates, as well as lockdowns, and inmate restrictions. Waddington said that he asked Detention Officer A. Allen to turn the music off? Detention Officer Allen told Waddington that he “could not turn the music off because…(he)…would lose…(his) job, and…(he) wanted to keep (his) job.” Telephone calls to Detention Officer A. Allen were not returned.
Maricopa County Attorney Andrew Thomas said in a January 10, 2006 Press Release announcing the industry award given to him and his staff by the record industry: “Protecting property is one of the most important functions of government, and that includes intellectual property. Making and distributing illegal copies of music, movies, or software threatens the industry and turns us all into victims as revenue losses get passed on to consumers.”
County Attorney Thomas, meet County Sheriff Arpaio. Perhaps you two have something to talk about? I know some record executives who might want to speak with both of you.
Arpaio published a Press Release telling the public and the press that “the jail house would rock through Christmas Day.” According to the Press Release, and jail house sources the music included Elvis Presley, “Songs from the CD Navidad Bachatera for those who hail from Mexico and Latin America, O Holy Night Christmas by the Mormon Tabernacle Choir, Celtic music from Ireland, and Elvis’s ‘Christmas Peace and Gregorian chants and Carols for the Anglo Saxon crowd.”
In 2005 Andrew Thomas prosecuted a Mesa student who plead guilty to possessing pirated copies of intellectual property, and was sentenced to three months in jail, plus probation, community service and a fine.
A spokesperson for the Maricopa County Lower Buckeye Jail Facility who spoke on condition of anonymity confirmed that sometime around December 14, 2005 the jail received a CD with “copied and remixed music” that were mentioned in Arpaio’s Press Release. Jail detention personnel received orders from Arpaio that the music was to be played over the jail’s intercom and cable system, and in inmates jail cells and living areas through December 25, 2005. Arpaio indicated that if the music were not played according to his instructions that employees of the jail would be “severely disciplined.”
BMI and ASCAP, who are agencies that represent recording artists, songwriters, and publishers in the United States, when contacted said that Sheriff Arpaio, or the Maricopa County Sheriff’s Office did not have a license to reproduce the Christmas music, or to broadcast the Christmas music over any of the jails intercom, or broadcast systems.
Joan McGivern, Vice President of Legal Services for ASCAP said in a telephone interview said that Arpaio’s reproduction, distribution, and broadcasting of the Christmas music constituted theft of copyrighted material. Theft of copyrighted material is a federal crime, and also subjects violators to stiff monetary damages.
ASCAP representatives said that they have a very inexpensive and easy licensing process applicable for local governments, and municipal organizations, and that Arpaio or the Maricopa County Sheriff’s Office never applied, or received a license. ASCAP legal representatives indicated that they do not grant licenses on a retroactive basis, but instead take swift legal action against violators when they are exposed.
Cathy Merenda from Fox Film Music Corporation, the publishers and owners of Gregorian Chants, said that Sheriff Arpaio or the Maricopa County Sheriff’s Office did not have permission to use Gregorian Chants over the jails’ broadcast and cable system, and that he did not have permission to copy any of the works in Gregorian Chants.
Former Jail Inmate Steve Waddington remembers being an Inmate at Lower Buckeye Jail in December. He said that the Christmas music broadcast by Arpaio caused depression among most of the inmates, because it was broadcast from early in the morning until late in the evening, and was broadcast so loud. He said that the music led to many acts of violence among the inmates, as well as lockdowns, and inmate restrictions. Waddington said that he asked Detention Officer A. Allen to turn the music off? Detention Officer Allen told Waddington that he “could not turn the music off because…(he)…would lose…(his) job, and…(he) wanted to keep (his) job.” Telephone calls to Detention Officer A. Allen were not returned.
Maricopa County Attorney Andrew Thomas said in a January 10, 2006 Press Release announcing the industry award given to him and his staff by the record industry: “Protecting property is one of the most important functions of government, and that includes intellectual property. Making and distributing illegal copies of music, movies, or software threatens the industry and turns us all into victims as revenue losses get passed on to consumers.”
County Attorney Thomas, meet County Sheriff Arpaio. Perhaps you two have something to talk about? I know some record executives who might want to speak with both of you.
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