illegal recording in cinemas

Updated: February 21, 2011

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, mobile phones 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.

Following a great deal of hard work across the cinema industry, the UK sector has recently enjoyed considerable success in apprehending those responsible for such activities and ensuring that they are dealt with through the criminal justice system.

While such success is of course welcome, the UK remains one of the few countries without legislation specifically targeting such activity.

Where such legislation does exist - for example in the US and Canada - it has been seen to have a significant impact on the number of attempts at illegal recording.

This has been noted by a number of European countries.

Italy and now Spain have 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.
 

Without similar measures here, attempts to illegally record films will continue, despite the best efforts at prevention by cinema staff. And while there has been some recent success in prosecuting cases under the 2006 Fraud Act, doing so remains complicated and uncertain.

The CEA continues to believe therefore that legislation to make the illegal recording of films in cinemas a specific criminal offence is the best way forward. Without such action, illegal recording in UK cinemas will remain a significant problem.