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This topic comprises 4 pages: 1 2 3 4
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Topic: jailed for filming in cinema
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Marcel Birgelen
Film God
Posts: 3357
From: Maastricht, Limburg, Netherlands
Registered: Feb 2012
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posted 08-24-2014 04:45 PM
quote: Terry Lynn-Stevens
Does it really matter if it is theft or not?
Yes it does. If you care about the law, it's also important to know what the law is. If that's not important anymore, we're in banana republic territories.
It seems the content industry did a great job at their propaganda here.
quote: Terry Lynn-Stevens
Anyways, in my area, it is a criminal offense to operate a recording device in a movie theater.
Sounds like a place to stay away from. Around here, it's not a criminal offense to operate a recording device in any theater. I actually doubt it is in your area too. It seems the propaganda worked quite well here too.
Using a "recording device" will probably be against theater regulations. Most (all?) studio contracts also state explicitly that you MUST HAVE those kind of regulations to be eligible to play their content. So, the theater management can tell you to shut off your "recording devices" and get the fuck out.
Around here, it's actually even not a crime to record the movie and use it for private purposes, that's still all within "fair use" for personal and educational purposes. It is a criminal offense to publicly share those recordings though.
quote: Frank Angel
Yah, but they still haven't thrown anyone one in jail on the production side for the uploading of the PRISTINE copy (not a camcorder copy) of THE EXPENDABLES yet, have they? Just another instance of big guys get treated differently than the schmuck on the street.
It's pretty amazing how time and time again something like this happens. I'm pretty convinced that leaking a "pristine" version can seriously hurt your sales. But besides that, anybody that watches a crappy "CAM" or how those things are called, cannot be seriously considered a customer anyway.
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Leo Enticknap
Film God
Posts: 7474
From: Loma Linda, CA
Registered: Jul 2000
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posted 08-25-2014 12:17 AM
quote: Marcel Birgelen
But besides that, anybody that watches a crappy "CAM" or how those things are called, cannot be seriously considered a customer anyway.
Agreed. These people would not have been prepared to buy a theater ticket if they hadn't been able to see the illegal copy.
According to various news sites that have covered this story, he was trying to sell copies of the file for £1.50 a download, which I suspect explains why he was jailed. Pirating a movie for personal financial gain is IMHO an order of magnitude more serious an offense than doing so for other reasons, however misguided.
It reminds me of the story a year or two ago about the student from Sheffield who was pursued by the law, because he ran a site with direct links to pirate download files of popular movies, albums and so on. Certain elements of the press fulminated with outrage about how his didn't actually pirate the stuff himself, his crimes were victimless, etc. Very little of the coverage mentioned the MPAA's allegation that he'd made a six-figure sum in banner ad revenue from this site, which of course he couldn't have done if it didn't have those links on it. Encouraging people to download pirate movies is one thing, but making serious money out of doing so elevates the crime to a much higher level in my view. It's the same principle whereby murder is considered a more serious crime than manslaughter: the effect on the victim is the same, but the intent (or not) of the offender is a determining factor in the sentence.
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Frank Cox
Film God
Posts: 2234
From: Melville Saskatchewan Canada
Registered: Apr 2011
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posted 08-25-2014 12:29 AM
quote: Marcel Birgelen
Around here, it's not a criminal offense to operate a recording device in any theater. I actually doubt it is in your area too.
An Act to amend the Criminal Code (unauthorized recording of a movie)
quote:
Assented to 2007-06-22
An Act to amend the Criminal Code (unauthorized recording of a movie)
SUMMARY
This enactment amends the Criminal Code to prohibit the unauthorized recording of a movie in a movie theatre (camcording).
R.S., c. C-46
Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:
1. The Criminal Code is amended by adding the following after section 431.2:
Marginal note:Unauthorized recording of a movie
432. (1) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than two years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Unauthorized recording for purpose of sale, etc.
(2) A person who, without the consent of the theatre manager, records in a movie theatre a performance of a cinematographic work within the meaning of section 2 of the Copyright Act or its soundtrack for the purpose of the sale, rental or other commercial distribution of a copy of the cinematographic work
(a) is guilty of an indictable offence and liable to imprisonment for a term of not more than five years; or
(b) is guilty of an offence punishable on summary conviction.
Marginal note:Forfeiture
(3) In addition to any punishment that is imposed on a person who is convicted of an offence under this section, the court may order that anything that is used in the commission of the offence be forfeited to Her Majesty in right of the province in which the proceedings are taken. Anything that is forfeited may be disposed of as the Attorney General directs.
Marginal note:Forfeiture — limitation
(4) No order may be made under subsection (3) in respect of anything that is the property of a person who is not a party to the offence.
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Marcel Birgelen
Film God
Posts: 3357
From: Maastricht, Limburg, Netherlands
Registered: Feb 2012
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posted 08-25-2014 05:23 AM
quote: Leo Enticknap
According to various news sites that have covered this story, he was trying to sell copies of the file for £1.50 a download, which I suspect explains why he was jailed. Pirating a movie for personal financial gain is IMHO an order of magnitude more serious an offense than doing so for other reasons, however misguided.
Selling pirated goods is indeed most definitely more serious than just sharing it amongst your friends. While the first could still be considered "fair use", the latter is more than just a petty crime.
The same goes for sharing it on big-time file sharing fora in a more or less professional way, even if there is no direct financial gain involved.
I'm still wondering why someone would actually do this, if there's no direct financial gain and the potential consequences are dire...
quote: Mike Blakesley
People often float the "excuse" that "they weren't going to buy tickets anyway so what's the harm?" The harm is, the pirate is taking the VALUE of the property. He is having the experience of the copyrighted property without paying for it. Let's say there is an outdoor rock concert and I sneak over the fence and stand just outside the paid area and listen to the music, I'm stealing that ticket money from the performers because I'm experiencing the concert ... even if I never intended to buy a ticket in the first place, I'm not taking any tangible property, but I'm still getting what the ticket offered.
No, you're not stealing, you're depriving them of that money. Stealing would be taking money out of the box office when they're not looking.
Please note, I'm not trying to condone piracy here in any way. Actually, I've even made critical comments regarding copyright infringements on this very forum. (Like quoting an article in full or posting links to "illegal" downloads.)
What I do want to stress is that this fight against "cams" or content recorded in some cinema is a useless fight. There will always be a theater were somebody manages to sneak in a "recording device" and it will find its way on-line. Yet, I doubt that those "cams" hurt the bottom line very much, because those people that watch this stuff, will not spend a single dollar on the real thing anyway.
The same goes for the people that watch a concert by sneaking in outside the paid area. They're not getting the full experience anyway. So you could go to all possible lengths and try to avoid those cheap bastards, but in the end it will not sell an extra ticket anyway.
Then again, I'm convinced that a premature DVD or even Blu-Ray quality leak can quite seriously hurt sales, especially for movies that aren't that highly anticipated. People downloading this content, get the "full product", without paying a dime.
quote: Frank Cox
An Act to amend the Criminal Code (unauthorized recording of a movie)
Yeah, your majesty doesn't allow you to record "performance of a cinematographic work" in a movie theater. But, like you put it yourself, filming in the theater itself is NOT prohibited by law. I then add to the fact that even filming said "performance of a cinematographic work" is not automatically a criminal act around HERE, which is not ruled by your majesty, we've got our own...
quote: Jack Ondracek
It's always fascinating to read posts from people who find creative ways to rationalize downloading and consuming the product of other people's efforts.
I suspect their attitude would be much different, were they themselves the producers of said content.
Who in this thread is actually rationalizing "downloading and consuming the product of other people's efforts"?
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