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Author Topic: Camcorder use in theatre now a federal crime
Frank Angel
Film God

Posts: 5305
From: Brooklyn NY USA
Registered: Dec 1999


 - posted 04-29-2005 04:41 AM      Profile for Frank Angel   Author's Homepage   Email Frank Angel   Send New Private Message       Edit/Delete Post 
quote: Mike Blakesley
You may now say with total confidence to patrons and local law enforcement that it is a federal crime to use a camcorder in a movie theatre.
This is nothing new. It has been a federal crime for decades to copy films (except a single protection copy of a video that you already bought) by any method in any place at any time. What this law changes is that before, for a theatre owner to detain someone there could be lots of legal consequences. Those seem to be removed with the new provision.

The law does not extend the copyright protection of the copyright owners as has been done so many times in the past, but it seems to be geared to encouraging theatre personnel to become enforcers for the film companies. Unlike the store owner who detains a shoplifter, the theatre owner has no vested interest in stopping the video pirate unless there's probable cause that he's stealing nachos or popcorn from concessions.

So now the theatre owner, who the studio gives a whopping 10% of the ticket sales, is now expected to become the video police to protect the studios' product. Hey studioman, you want me to watch all my screens from first frame to last, them let me take grand or two off the top of the 20 to 60 MILLION you make the first weekend. Then I would be happy to hire extra personnel, even security guards to protect YOUR product. Barring that, you are free to hire whomever you want....you know, like how you have no qualms about hiring checkers to send into the theatres to make sure the exhibitor doesn't steal a penny from your 90%, so hire all the checkers you want to police all the screens your picture is playing on, I'll be happy to sell them all the tickets they want, but don't come around looking to put an extra financial burden on me or expect that I will put my people in harms way to feed your infringement paranoia.

I consider the theatre owner's reasonable effort to stop piracy in his theatre is fullfilled as soon as he posts a sign or two
saying that "The use of recording devices of any kind, anywhere in the theatre, is strictly prohibited and may result in federal criminal prosecution." Period. Responsibility complete. And I would post them about as infrequently as you see "All shoplifters will be prosecuted" signs in other commercial establishments.

HELLO....shoplifters don't need signs to know that shoplifting is a criminal offence. Movie pirates don't need signs or some stupid trailer to know that aiming a video camera at the screen is illegal. The only thing those signs and ESPECIALLY that trailer will do is insult your law-abiding customers who already plunked down their hard-earned money.

I'll reluctantly post a sign or two as inconspicuously as I can, I MIGHT tell ushers to keep an eye out for cams (and then simply point out that they are not permitted. but I won't run that trailer and I most DEFINATELY won't ever ask my theatre personnel to try to hold a pirate to wait for the cops (yah, like in NYC, a cop is gonna come lickety-split because some jerk pointed a camera at the screen....you might have to pin that pirate down on the ground for an hour before you'll get a live cop in your theatre). I don't think that is going to be on the top of their list of dangerous, life-threatening crimes that they have to hustle too. And besides....I'm sure they would be thinking, let the FBI deal with it -- after all, it's the FBI that has it's moniker emblazened in red on every laser dick, every DVD and every video....I'm sure the cops will only be to happy to let them send in their boys to deal with it.

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John Pytlak
Film God

Posts: 9987
From: Rochester, NY 14650-1922
Registered: Jan 2000


 - posted 04-29-2005 09:16 AM      Profile for John Pytlak   Author's Homepage   Email John Pytlak   Send New Private Message       Edit/Delete Post 
quote: Frank Angel
HELLO....shoplifters don't need signs to know that shoplifting is a criminal offence. Movie pirates don't need signs or some stupid trailer to know that aiming a video camera at the screen is illegal. The only thing those signs and ESPECIALLY that trailer will do is insult your law-abiding customers who already plunked down their hard-earned money.
Posting signs fulfills any legal requirements of formal notification.

Millions of dollars are spend putting legal notices in obscure newspapers that almost no one reads, but they are often a requirement of the law:

http://www.topekametro.com/legal%20archives%202003/legals09-17-04.html

http://www.plattecountylandmark.com/legal.htm

quote:
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No other Platte County newspaper publishes more legal notices.
To subscribe or for more information, call us at 816-858-0363.
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John T. Hendrickson, Jr
Jedi Master Film Handler

Posts: 889
From: Freehold, NJ, USA
Registered: Apr 2001


 - posted 04-29-2005 07:35 PM      Profile for John T. Hendrickson, Jr   Email John T. Hendrickson, Jr   Send New Private Message       Edit/Delete Post 
Quote Frank Angel:

"What this law changes is that before, for a theatre owner to detain someone there could be lots of legal consequences. Those seem to be removed with the new provision."

We would sure hope so, Frank. My fear is in the wording "detain in a reasonable manner and for a reasonable time". Won't the lawyers have fun with that? [Eek!]

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Carl Martin
Phenomenal Film Handler

Posts: 1424
From: Oakland, CA, USA
Registered: Feb 2002


 - posted 04-30-2005 03:20 AM      Profile for Carl Martin   Author's Homepage   Email Carl Martin   Send New Private Message       Edit/Delete Post 
quote: John Pytlak
Of course they mean video COPIES of feature films or other copyrighted material, not training videos made in the booth or concession area by authorized personnel. Live, non-recorded video for monitoring and security purposes of the screen or auditorium are likely not a concern.
that may be the intent, but:

quote:
The term ‘audiovisual recording device’ means a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work, or any part there-of, regardless of whether audiovisual recording is the sole or primary purpose of the device.
and of course, as scott points out, not everything is copyrighted! i have had a film, one that i made, videotaped in a movie theater. i would do so again, too, the law be damned.

carl

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Jim Ziegler
Jedi Master Film Handler

Posts: 753
From: West Hollywood, CA
Registered: Jul 99


 - posted 04-30-2005 03:46 AM      Profile for Jim Ziegler   Email Jim Ziegler   Send New Private Message       Edit/Delete Post 
You don't have to worry about camcordering your own works, or, you can camcorder others works with their permission -

"(a) Offense- Any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17..."

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Scott Norwood
Film God

Posts: 8146
From: Boston, MA. USA (1774.21 miles northeast of Dallas)
Registered: Jun 99


 - posted 05-01-2005 09:14 PM      Profile for Scott Norwood   Author's Homepage   Email Scott Norwood   Send New Private Message       Edit/Delete Post 
If the law really does apply only to the recording of copyrighted works without permission from the copyright holder, then I can't say that I really have a problem with it. [thumbsup]

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