In the film industry, the creativity and dedication of producers, directors and actors is undeniable. Especially in the current digital era where information and content are easily shared and accessed, copyright protection has become a major challenge for the film industry. The situation of secretly filming and taking photos in movie theaters and then posting them on social networks is becoming more and more common. So is secretly filming movies in theaters a copyright violation? The following article from VCD will help you.
1. Is secretly filming an act of copying?
Secretly filming movies in theaters is the act of using recording devices (such as cameras, microphones) to record images and sounds of cinematic works without prior consent and notice.
Pursuant to Clause 10, Article 4 of the current Intellectual Property Law, the concept of copying is the creation of a copy of the whole or part of a work or a recording, video recording by any means or form.
In addition, according to the provisions of the Intellectual Property Law, the act of copying a work without the permission of the author or copyright owner, except for personal research, is considered an act of copyright infringement.
At the same time, pursuant to Article 30 of the current Intellectual Property Law, which stipulates the rights of producers of audio and video recordings, this act is considered a form of copying a video recording because it creates a copy without the consent of the producer of the audio and video recording.
According to the Intellectual Property Law, livestreaming or secretly filming movies in theaters not only violates copyright but also causes damage to the producer. These acts are often considered intellectual property infringement and can be severely punished according to current laws depending on the level and damage that the producer faces.
Therefore, the act of secretly filming a movie in a theater is considered copyright infringement.
2. Penalties for secretly filming a movie in a theater.
- According to Article 27 of Decree 131/2013/ND-CP (amended by Clause 2, Article 3 of Decree 28/2017/ND-CP), the provisions on administrative sanctions for violations of copyright and related rights are as follows:
“1. A fine of VND 15,000,000 to VND 35,000,000 shall be imposed for copying audio or video recordings without permission from the copyright owner of the audio or video recording producer.
2. Remedial measures:
Forcing the removal of copies of audio or video recordings in electronic form, on the internet and digital environment or forcing the destruction of infringing evidence for the acts specified in Clause 1 of this Article.”
Clause 2, Article 2 of Decree 131/2013/ND-CP stipulates the fine framework for individuals and organizations as follows:
The fine framework prescribed in Chapter II of this Decree is the fine framework applicable to individuals, except for the cases prescribed in Clauses 1, 2, 3 and 4, Article 5; Clause 1 and Point b, Clause 2, Article 7 of this Decree. For the same violation, the fine framework for organizations is twice the fine framework for individuals.
In addition, secretly filming movies in theaters can be fined up to VND 35,000,000 for individuals and VND 70,000,000 for organizations. At the same time, the secretly recorded copies must be removed or all evidence must be destroyed depending on each case.
- In addition, according to Clause 1, Article 225 of the 2015 Penal Code (amended by Point a, Clause 52, Article 1 of the Law amending the 2017 Penal Code), those who copy works, audio recordings, or video recordings may be prosecuted for criminal liability as follows:
“1. Anyone who, without the permission of the copyright owner or related rights owner, intentionally commits one of the following acts, infringes upon copyright or related rights currently protected in Vietnam on a commercial scale or illegally profits from VND 50,000,000 to under VND 300,000,000 or causes damage to the copyright owner or related rights from VND 100,000,000 to under VND 500,000,000 or infringes goods worth from 100,000,000 VND to under 500,000,000 VND, shall be fined from 50,000,000 VND to 300,000,000 VND or be subject to non-custodial reform for up to 03 years:
a) Copying works, audio recordings, video recordings;
b) Distributing to the public copies of works, audio recordings, video recordings.”
Therefore, the act of secretly filming a movie in theaters can be fined up to 300,000,000 VND or be subject to non-custodial reform for up to 03 years.
Therefore, secretly filming a movie in theaters on social networks, depending on the nature and severity, can be subject to administrative sanctions or criminal prosecution.
The above is the article “ Is it copyright infringement to secretly film movies in theaters?” that VCD sent to you. We hope this article is useful to you.
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