illegal recording in cinemas
Updated: May 6, 2008
The impact of theft on the film industry is well-documented. Click here to find out more about film theft.
A key element of this problem is the illegal recording of films in cinemas, whether by the use of camcorders or other portable recording devices. The Motion Picture Association estimates that nine out of ten illegally copied films appearing on the market do so as 'camcorded' versions.
Yet the UK is now one of the few countries without legislation specifically targeting such activity.
Mindful of evidence that the majority of such recording were taking place in the US and Canada, the US Government has made determined efforts and introduced specialised laws to tackle the issue, with a significant impact. In June 2007, the Canadian government followed suit and arrests have begun to be made.
Across Europe, our partner countries are waking up to this issue.
As in the US, Italy has passed specific legislation to ban recording in cinema theatres. Russia and the Czech Republic have amended their substantive copyright laws to clarify that the “private-copy” exception cannot apply to a copy made in a public performance of a film. In other European countries, the copyright law already offers remedies: on 13 February 2006 for example, a French court sentenced a defendant who had tried to camcord The Incredibles to six months’ imprisonment, suspended, and a fine of €1,000.
The table here shows the source of illegal 'camcords' by country, October 2006 – September 2007, as identified by the Motion Picture Association through forensic analysis of illegal content in hard and virtual copy. It can be seen that over that period, the UK represented the second worst European territory after Russia for full camcords of studio titles found on the market. Latest figures for the first quarter of 2008 suggest that this position has now worsened, and that the UK has now overtaken Russia as the key European source of illegal camcords.
Recognising its own problems, Spain has in the last six months approved specific legislation prohibiting illegal recording activity.
Without similar measures here, the UK is becoming an increasingly safe haven for those seeking to make illegal recordings of films, who go about their business safe in the knowledge that only limited action can be taken against them. The Federation Against Copyright Theft (FACT) state that the number of illegally-copied films, put on the European and global markets as a result of copies originating from recordings made here in UK, has increased by 54 per cent in the last year.
In addition, attempts to illegally record films are regularly prevented by cinema staff. However, in the absence of a workable piece of legislation, no case has a prosecution resulted.
The CEA and partners in the film industry call on Government urgently to make the illegal recording of films in cinemas a specific criminal offence. Without such action, camcording in UK cinemas is only likely to increase.
You can read more on this issue by clicking on this recent article from Cinema Business magazine by Phil Clapp, CEA Chief Executive .
