As a result of significant pressure applied by Canadian and foreign movie studios, the Government of Canada recently introduced a Bill proposing amendment to Canada’s Criminal Code directed to deterring unauthorized recording of movies in theatres in Canada. The Bill followed an announcement by Warner Bros. Studios that it was going to cancel preview screenings of its films in Canada, as well as threats that other movie studios would push back Canadian motion picture release dates.
Bill C-59, An Act to amend the Criminal Code (unauthorized recording of a movie), had its first reading in the Parliament of Canada on June 1, 2007. The Act proposes to amend the Criminal Code by adding a new section, providing:
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.
(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.
(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.
The Bill, which is intended to address the increasing problem of distribution of pirated copies of films originating from recordings made in Canadian theatres, is apparently being fast-tracked through Parliament. The problem has grown in recent years with the increased availability of camcorder technology which allows movies to be easily and surreptitiously recorded in theatres.
While Canada’s Copyright Act does cover the production of infringing copies of works, one element requires proof beyond a reasonable doubt that the perpetrator knowingly made the copy “for sale or rental”. As this is difficult to prove, law enforcement authorities have generally refused to lay charges or take steps against individuals caught making unauthorized copies.
Using technological measures that can identify the source of pirated copies of films, the movie industry has estimated that a significant percentage of unauthorized motion picture recordings worldwide originate in Canada. Press reports in the spring of 2007 also indicated that Montreal has been identified as the number one source of illegal film recording in the world.
It is hoped that the new Bill will be effective in curtailing the unauthorized recording of motion pictures in Canada. In the meantime, motion picture studios will continue to call for action under the existing criminal provisions, and to consider civil options against the producers and purveyors of pirated copies of movies.
Brian P. Isaac, Toronto