Recording films at theatres may draw piracy law penalties

NEWDELHI: The ministry of information and broadcasting (MIB) has begun the process of amending the Cinematograph Act, 1952, to incorporate provisions penalising duplication of films through recordings, which amounts to piracy, officials aware of the development said.

According to one official, the current law has no provision for taking action against piracy where films are illegally recorded while being screened in cinema halls.

“After digitisation, films are illegally copied using camcorders and even mobile phones,” one of the officials added on condition of anonymity. The ministry has received representations from film producers associations to amend the Act, which was formulated for certification of cinematograph films for exhibition.

“The new Act will impose stiff penalties for piracy through

CURRENT LAW HAS NO PROVISION FOR TAKING ACTION AGAINST PIRACY WHERE FILMS ARE ILLEGALLY RECORDED WHILE BEING SCREENED IN CINEMA HALLS

illegal tapping,” a second official said, asking not to be identified.

In August, the department of industrial policy and promotion (DIPP) wrote to the MIB, stressing that film piracy needed to be checked at source — illegal duplication in cinema halls — by amending the Act and incorporating anti-duplication provisions. This was followed by a joint meeting of officials from the MIB, DIPP and ministry of information technology.

“Piracy causes huge losses to filmmakers as well as to the government exchequer. Some suggestions received by the ministry are a strict enforcement mechanism under the copyright act and blocking of pirated websites,” said the second official.

Earlier, the Motion Pictures Association told the MIB that according to its data, approximately 90% of new releases appear illegally after being recorded on camera. MarkMonitor Inc., an American software company that protects corporate brands from Internet counterfeiting, fraud, piracy, and cybersquatting, said in a 2016 report that there were 5.4 billion downloads of pirated films and television shows globally.

While countries such as the United States, Philippines and Korea have provisions to penalize illegal copying through recording, India does not even have uniform laws to deal with piracy, said filmmaker Ashoke Pandit.

“There is a nexus between some politicians and the underworld that keeps the piracy industry running. Digital prints are easier to smuggle and the industry has roots in countries abroad,” he claimed.