OTTAWA – Recording movies inside movie theatres will soon be illegal in Canada.
“Canada’s new government is taking action to curb film piracy by bringing forward amendments to the Criminal Code of Canada. Piracy and mass copying of films has had a significant and direct impact on the entire film industry, including producers, directors, actors and creators,” said the Bev Oda, Minister of Canadian Heritage and Status of Women, in a press release.
Right now, it’s only sort of illegal to record a movie from your seat in the theatre. However, while the theatre owners normally have policies against such practices and can evict moviegoers who attempt to record, they have no recourse beyond that.
The Copyright Act does contains a provision that makes it illegal to record a movie if that recording is connected to copyright infringement, but only if it’s intended for commercial redistribution (making a copy for sale or rental). However, from the film industry’s perspective, it is almost impossible to prove that the person camcording intends to make a copy for sale. Typically, a person accused of camcording will claim to be making a copy for personal use.
The release comes the same week of a visit by California’s governor, Arnold Schwarzenegger, who reportedly brought Hollywood’s message that Canada is too lax when it comes to copyright protection.
It also comes less than a month after Warner Bros. decided that no more movies would be previewed in Canada, because of such concerns. Canadian filmmakers and distributors have long complained about the loophole.
“The government is acting to increase protection for their works," added Oda about the filmmakers.
“The amendments to the Criminal Code will make it possible to more effectively combat illegal copying of films," added Robert Douglas Nicholson, Minister of Justice and Attorney General of Canada. “Canada is thus taking its place among the countries that have adopted legislation on this activity, making it a criminal offence.”
“The existing situation is untenable for the film industry,” said the Maxime Bernier, Minister of Industry, in the same release. “The government is taking note and correcting the situation. Canada is therefore ensuring that our laws protect the legitimate film industry and continue to be relevant in a fast-changing technological environment. In these circumstances, (the government) is taking the measures needed to facilitate film distribution and to support the development of this industry in Canada.”
The amendment to the Criminal Code will create two offences: the recording of a movie in a movie theatre without the consent of the theatre manager; and the recording of a movie in a movie theatre without the consent of the theatre manager for the purpose of selling, renting, or other commercial distribution of a copy of the recorded movie. It will also provide the court with the authority to order the forfeiture of anything used in the commission of these offences.
