Behind seemingly harmless free movie-sharing fan pages lie significant legal risks. So, do fan pages that share pirated movies violate copyright, and what are the specific risks involved? This article “Is posting pirated movies on a fanpage considered a copyright violation” from VCD will help you understand and avoid regrettable mistakes when building your fan page!
What is pirated movies?
Pirated movies is a common term referring to film content (movies, television, web dramas, etc.) that is illegally copied, exploited, and distributed on the internet without the copyright owner’s consent. Common practices include:
- Secretly recording at theaters or screen recordings
- Downloading movies from official platforms and re-uploading them to fan pages, websites, etc.
- Cutting, splicing, and re-posting parts or entire movies
- Live streaming movies without permission
The common thread among these practices is the lack of legal usage rights, even if the uploader doesn’t charge a fee or is simply sharing for fun.
Films are not simply entertainment content but are defined as cinematic works, subject to copyright protection. According to Article 14 of the 2022 Intellectual Property Law, the types of works protected by copyright include: “Cinematic works and works created using similar methods.”
This means that every film has a copyright owner (which could be the producer, film studio, or distributor). The owner has full rights to decide on the copying, distribution, screening, and uploading of the film.
Is posting pirated movies on a fanpage considered a copyright violation
When a fan page posts pirated films, this act goes beyond simply “sharing videos,” and is actually a combination of multiple copyright infringements. Specifically, the uploader often downloads films from official or unofficial sources, then re-uploads and re-plays the content, making the film available to viewers through social media platforms.
From a legal perspective, each of these actions corresponds to an exclusive property right of the work’s owner, including the right to copy, the right to distribute, and the right to communicate the work to the public. According to the law, these rights belong only to the author or copyright owner, and any individual or organization wishing to use them must obtain legal permission.
Therefore, when a fan page posts a film without consent, this act simultaneously infringes on several important rights, increasing the severity of the violation rather than a simple offense.
“Posting for fun, not for profit” is still considered a violation.
One of the most common misconceptions today is that posting pirated films is only prosecuted when there is an element of profit or business. According to regulations, simply copying or using a work without the owner’s permission is sufficient grounds to determine copyright infringement.
This means that even if a fan page doesn’t run ads, doesn’t charge viewers, or doesn’t sell any products or services, posting pirated films can still result in penalties. In other words, the deciding factor here isn’t whether you make money, but whether you have the right to use that content.
Cutting scenes and posting short clips still carries the risk of infringement.
To “circumvent the law,” many fan pages choose to cut films into short segments and then post them as reviews, summaries, or retellings of the film’s content. However, this method is not necessarily legal.
If the uploaded clips contain important content, enough for viewers to understand the plot or replace the original viewing experience, this behavior can still be considered copyright infringement. Furthermore, if a fan page posts many consecutive segments, piecing together almost the entire film, it is essentially no different from reposting the entire work.
Therefore, splitting content into smaller parts is not a “legal shield.” On the contrary, if not properly controlled, this behavior can still be treated the same as uploading pirated original films.
Penalties for posting pirated films on fanpages
According to Decree 28/2017/ND-CP, the act of posting pirated films on fanpages can be handled through various measures.
- Fines ranging from 15,000,000 to 35,000,000 VND (may be higher depending on the act)
- Forced removal of infringing content
- Confiscation of infringing materials and means
In practice, for fanpages with a large number of followers, wide reach, or significant impact on the rights of copyright owners, the penalties may be increased to ensure deterrence and effectively protect copyright.
The above article is “ Is posting pirated movies on a fan page considered a copyright violation“. Hopefully, it has helped you understand the legal boundaries when using online film content, thereby building a safer, more legal, and sustainable fanpage.
Sincerely,
FAQ
Possibly. Linking to copyrighted content can still be considered an act of supporting the distribution of illegal works.
Generally not, if the trailer is publicly released by the distributor and allows sharing. However, it must be ensured that it is not edited to distort the content.