Criminal Code of Canada - section 432(2) - Unauthorized recording for purpose of sale, etc.

section 432(2)

INTRODUCTION AND BRIEF DESCRIPTION

Recording a cinematographic work or its soundtrack in a movie theatre without consent for commercial distribution is a criminal offence.

SECTION WORDING

432(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.

EXPLANATION

Section 432(2) of the Criminal Code of Canada is a provision that governs the act of making unauthorized recordings of cinematographic works and their soundtracks in a movie theater. This section specifically targets those individuals who engage in the recording of these works for commercial purposes, which includes the sale, rental, or other forms of distribution of copied works. The provision emphasizes the importance of consent from the theater manager before any recording is made. Therefore, anyone who records these works without the consent of the theater manager is in violation of this provision. It is important to note that the definition of cinematographic works in this section is the same as in section two of the Copyright Act. This act defines a cinematographic work as a work that is capable of being produced through the use of motion picture technology. Individuals found guilty of this offense are liable to be imprisoned for up to five years if convicted through an indictment. The punishment is also severe for those who are convicted summarily, with the maximum sentence being a fine and/or imprisonment for up to six months. The severity of the punishment reflects the gravity of the offense and demonstrates Canada's commitment to protecting the rights of copyright holders within the country. In conclusion, Section 432(2) of the Criminal Code of Canada plays a significant role in protecting the rights of cinematographic work copyright holders. The provision sends a clear message to individuals that unauthorized recording of any copyrighted material is not acceptable and could lead to severe legal consequences.

COMMENTARY

Section 432(2) of the Criminal Code of Canada is a provision that seeks to deter individuals from recording cinematographic works without the express permission of the theatre manager. The section targets individuals who record performances of cinematographic works, including soundtracks, for the purpose of selling, renting or distributing copies of the cinematographic work. This provision recognizes the value of cinematographic works as intellectual property and seeks to protect the rights of copyright holders. The section provides for both an indictable offence and a summary offence. An indictable offence is a more serious offence that is punishable by a term of imprisonment of up to five years, while a summary offence is a less serious offence that is punishable by a maximum fine of $5,000 or a term of imprisonment of up to six months. The severity of the punishment reflects the seriousness of the offence and serves as a deterrent for potential offenders. The purpose of this provision is to prevent piracy and the unauthorized distribution of copyrighted works. Piracy and unauthorized distribution of copyrighted works have significant economic and social consequences. They reduce the revenue of copyright holders, which in turn affects their ability to produce and distribute new works. Additionally, piracy and unauthorized distribution affect the overall value of the creative industry and could lead to the loss of employment opportunities. The provision recognizes the importance of intellectual property rights and the role that creativity plays in the economy. Intellectual property rights encourage innovation and investment in the creative industries and ensure that creators and copyright holders are fairly compensated for their work. Intellectual property rights also promote access to information and innovation by ensuring that creators have the means to bring their works to market and protect them from unauthorized reproduction or distribution. In addition to the provisions outlined in Section 432(2), Canada has also entered into international agreements on intellectual property rights that seek to ensure that intellectual property rights are respected and enforced. International agreements such as the Agreement on Trade-Related Aspects of Intellectual Property Rights (TRIPS) provide standards for the protection and enforcement of intellectual property rights, including copyright. In conclusion, Section 432(2) of the Criminal Code of Canada is an important provision that recognizes the value of intellectual property rights, specifically the rights of copyright holders. The provision seeks to protect the interests of copyright holders by deterring individuals from recording cinematographic works without the express permission of the theatre manager. The provision recognizes the consequences of piracy and unauthorized distribution of copyrighted works and serves to protect the overall value of the creative industry. The provision is also in line with Canada's international obligations on intellectual property rights, which underpin innovation and investment in the creative industry.

STRATEGY

Section 432(2) of the Criminal Code of Canada is an important provision in the fight against movie piracy and copyright infringement. This provision criminalizes the act of recording a movie in a cinema without the consent of the theatre manager for the purpose of selling, renting, or distributing copies of the movie. The penalties for violating this provision can be severe, with a maximum sentence of five years in prison for an indictable offence, or a summary conviction for a lesser offence. Given the importance of this provision, there are several strategic considerations that individuals and companies should keep in mind when dealing with it. Some of these strategies include: 1. Education and training: One of the most effective strategies for dealing with section 432(2) of the Criminal Code is education and training. Individuals and companies should educate themselves and their employees about the importance of copyright law and the consequences of violating it. This will help to ensure that everyone is aware of what is and is not allowed when it comes to recording movies in cinemas. 2. Effective policies and procedures: Another important strategy is to have effective policies and procedures in place for dealing with section 432(2) of the Criminal Code. This may include guidelines for employees on how to respond to suspected piracy, as well as protocols for reporting and dealing with any incidents that occur. 3. Technology solutions: Technology can also be an important tool in the fight against movie piracy. For example, cinemas can use surveillance cameras to monitor their screens, and anti-piracy software can be used to detect and prevent recording devices from being used in the cinema. 4. Cooperation and collaboration: Finally, cooperation and collaboration are key strategies in tackling movie piracy. This can involve working with law enforcement agencies, copyright holders, and other stakeholders to develop effective strategies for detecting and preventing piracy. In terms of specific tactics that could be employed, some potential strategies include: 1. Increasing public awareness: One effective tactic could be to increase public awareness of the consequences of movie piracy. This could involve public campaigns, advertising, and other marketing initiatives aimed at educating people about the importance of copyright law and the risks of piracy. 2. Enhanced security measures: Another tactic could involve enhancing security measures in cinemas to prevent recording devices from being brought into the theatre. This could include bag checks, metal detectors, and other screening procedures. 3. Prosecuting offenders: Another tactic could involve pursuing legal action against those who are caught violating section 432(2) of the Criminal Code. This could involve working with law enforcement agencies to identify and arrest offenders, as well as seeking legal action through the court system. 4. Collaboration with stakeholders: Finally, collaboration with other stakeholders could be an effective tactic. This could involve working with copyright holders, industry associations, and other organizations to develop strategies and policies for combating movie piracy.