illegal recording in cinemas

Updated: July 14, 2010

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.

Recognising its own problems, Spain has approved specific legislation prohibiting illegal recording activity.

Without similar measures here, the UK will remain a comparatively 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.

In addition, attempts to illegally record films are regularly prevented by cinema staff. While there has been some recent success in prosecuting cases under the 2006 Fraud Act, doing so remains complicated and uncertain.

The CEA and partners in the film industry therefore call on Government urgently to make the illegal recording of films in cinemas a specific criminal offence. Without such action, camcording in UK cinemas will remain a significant problem.