United States v. Mark Berkwitt and Barry Berkwitt

PELL, Circuit Judge.

This is a consolidated appeal from appellants’ convictions arising out of their manufacturing and vending eight-track recording tapes without authorization of the copyright owners. Appellants were found guilty by a jury of one count of illegal transportation of stolen property in violation of 18 U.S.C. § 2314, and twenty counts of willfully violating the copyright laws, 17 U.S.C. § 101 et seq. The facts are not in dispute and are as follows.

On the morning of February 18, 1977, FBI agents, while conducting a surveillance operation, observed appellants in front of their…