what law makes it illegal to transmit or record a movie being shown in a movie theater
Fourteenth Congress3rd Regular Session
Begun and held in Metro Manila, on Mon, the xx-seventh day of July, two thousand ix.
REPUBLIC Act NO. 10088
AN Human activity TO PROHIBIT AND PENALIZE THE UNAUTHORIZED USE, POSSESSION AND/OR CONTROL OF AUDIOVISUAL RECORDING DEVICES FOR THE UNAUTHORIZED RECORDING OF CINEMATOGRAPHIC FILMS AND OTHER AUDIOVISUAL WORKS AND/OR THEIR SOUNDTRACKS IN AN EXHIBITION FACILITY, PROVIDING PENALTIES THEREFOR AND FOR OTHER PURPOSES
Be information technology enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section one. Brusk Title. - This Act shall be known as the "Anti-Camcording Act of 2010".
Section 2. Definition of Terms. - For purposes of this Act:
(a)"Audiovisual work" means a piece of work that consists of a series of related images which are intrinsically intended to be shown by the use of machines or devices such as projectors, viewers or electronic equipment, together with accompanying sounds, if any, regardless of the nature of the material objects, such as films or tapes, in which the works are embodied.
(b)"Audiovisual recording device" ways a digital or analog photographic or video photographic camera, or any other engineering or device capable of enabling the recording or transmission of a cinematographic film or other audiovisual work, or any office thereof, regardless of whether audiovisual recording is the sole or primary purpose of the device.
(c)"Authorized person" ways the members of the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) and/or whatever other person duly authorized by the aforementioned to exercise powers conferred upon by this Act.
(d)"Camcording" ways any of the unlawful acts enumerated under Section 3 of this Act.
(eastward)"Cinematographic film" means whatsoever audiovisual work consisting of a series of related images which, when shown in succession, impart an impression of move, together with accompanying sounds, if whatsoever.
(f)"Copy" ways any article or affair in which the visual images or sounds comprised in any cinematographic film or audiovisual work are embodied, and includes the making of a copy which is in electronic format or transient or incidental to another employ thereof.
(1000)"Copyright owner" means any one who has the sectional rights comprised in a copyright equally provided under Commonwealth Act No. 8293, otherwise known as the Intellectual Property Code of the Philippines and related international treaties, conventions or agreements to which the Democracy of the Philippines is a political party.
(h)"Exclusive licensee" means a licensee who is authorized in writing and who, on behalf of the owner or prospective owner of copyright, to the exclusion of all other persons, is authorized to do an human action within the Philippines that, by virtue of this Act, the possessor of the copyright would, but for the license, take the exclusive right to do or to perform.
(i)"Exhibition facility" means any cinema, film theater, screening room, projection room or other venue that is used for the public exhibition of a cinematographic film or audiovisual work, whether or not a fee is chargeable.
(j)"Operator of an exhibition facility" means whatever person or entity who holds or is required to hold a license by the Securities and Exchange Committee CSEC, for companies and partnerships), the Section of Trade and Industry ('DTI', for sole proprietorships), the Pic and Television Review and Classification Board (MTRCB) or whatsoever and all other relevant government offices that take, or will have jurisdiction over exhibition facilities to operate the exhibition facility.
(grand)"Relevant authority" means the officers, members and responsible personnel of law enforcement agencies such equally the PNP and their adjuncts and the NBI.
(50)'Transmit" ways to convey past any means, whether over a path or a combination of paths, provided by a fabric substance or by wireless means or otherwise, and whether or not in response to a request made.
Section three. Acts Constituting Unauthorized Possession, Use and/or Command of Audiovisual Recording Devices. - It shall be unlawful for any person, at a time when copyright subsists in a cinematographic film or other audiovisual work or its soundtrack and without the authorization of the copyright owner or exclusive licensee thereof, to:
(a)apply or endeavour to use an audiovisual recording device to transmit or brand a copy of any performance in an exhibition facility of such cinematographic moving-picture show or other audiovisual work or its soundtrack, or any part thereof;
(b)have in his/her possession, an audiovisual recording device in an exhibition facility, with the intent of using or attempts to use the audiovisual recording device to transmit or make a copy of any operation in the exhibition facility of such cinematographic film or other audiovisual work or its soundtrack, or any part thereof; or
(c)assistance, abet or connive in the committee of the acts prohibited under this section.
Section iv. Penalties. - A person who will exist constitute guilty of violating the provisions of Department 3 shall be discipline to a fine of 50 thousand pesos (Php50,000.00) simply not exceeding Seven hundred fifty thousand pesos (Php750,000.00) and imprisonment of six (6) months and one (1) day to six (half dozen) years and one (one) solar day.
If the purpose of the commission of the abovementioned acts is the sale, rental or other commercial distribution of a copy of the cinematographic or audiovisual work or its soundtrack, or any part thereof, the penalty shall be imposed in the maximum.
If the offender is an alien, said person shall immediately be deported after payment of the fine and after serving his/her sentence. He/She shall thereafter be refused entry into the Philippines.
If the offender is a government official or employee, the penalty shall include perpetual disqualification from public role and forfeiture of his/her right to vote and participate in whatever public election for a flow of 5 (5) years.
Section 5. Presumptions as to the Subsistence of Copyright and/or Buying of Copyright. - For purposes of Section 3, copyright shall be presumed to subsist in the bailiwick cinematographic film or other audiovisual work or its soundtrack if the defendant does not put in outcome the question equally to whether copyright subsists therein. Notwithstanding:
(a)where the accused puts such question in issue just does not satisfy the court that he/she does so in good organized religion, the presumption equally to the subsistence of copyright herein shall apply, withal that the defendant puts that question in issue;
(b)where the proper noun of a person appears on copies of the subject cinematographic film or other audiovisual work or its soundtrack as made available to the public in such a manner as to imply that the person was the maker thereof and, in the case of a person other than a body corporate, that proper noun was his/her truthful name or a proper name by which he/she was commonly known, that person shall be presumed to be the maker thereof and the copyright owner thereof, unless the reverse is established; and/or
(c)where the accused puts in consequence the question of whether copyright subsists in the subject cinematographic film or other audiovisual work or its soundtrack, or the ownership of the copyright therein, an affidavit made in behalf of the copyright possessor in which he/she makes assertions of facts relevant to showing that: (1) copyright subsists in the work or other bailiwick matter; and/or, as the case may be, (two) he/she is the owner of the copyright, shall exist admitted in evidence and shall be prima facie proof of the matters stated therein until the contrary is proved, unless the court requires that oral/testimonial bear witness be adduced to show those matters.
Section 6. No Defense on Account of Use for Individual or Domestic Purposes. - It shall non be a defense that the transmission or making of the re-create of the cinematographic motion-picture show or other audiovisual work or its soundtrack, or whatever part thereof, was for private or domestic purposes or in connectedness with a fair apply bargain.
Section 7. Requirement for Posting of Notices in an Exhibition Facility on the Prohibition Confronting the Bringing into Said Exhibition Facility of Audiovisual Recording Devices and the Like. - All exhibition facilities, cinemas or theaters shall exist required to conspicuously post in at least two (2) areas in the exhibition facility including, merely not limited to, the areas where tickets are sold and the entrances of the exhibition facilities, notices or signages alert against the bringing of audiovisual recording devices into the cinematographic moving picture/audiovisual screening/exhibition area, with a reservation that the management/operator of the exhibition facility will take into preventive and temporary custody such audiovisual recording device/southward until the picture/movie theater patron leaves the screening/exhibition expanse/facility.
Failure of the management/operator of the exhibition facility to comply with the foregoing requirement will discipline said management/operator liable to pay a fine of Fifty grand pesos (Php50,000.00).
Cipher in this Human action shall prevent the direction from performing such other precautionary measures so equally to forbid the commission of the acts punishable herein.
Department 8. Powers of Authorized Persons to Enter an Exhibition Facility and Search the Same. - An authorized person, without a warrant and without payment of whatever admission fee or other charge, may enter and search whatsoever exhibition facility if the authorized person has reasonable ground to believe that whatever violation of this Deed has been or is being committed and, due to the delay necessary to obtain a warrant could upshot in the loss or devastation of testify, or for any other reason it would not be reasonably practicable to obtain a warrant.
Section ix. Other Powers of Authorized Persons. - An authorized person who has reasonable basis to believe that a violation under this Human activity has been or is existence committed may:
(a)search any person if the person subject of the search has in his/her bodily possession, any audiovisual recording device, in respect of which an criminal offence under this Human activity has been or is being committed;
(b)seize, remove or detain any audiovisual recording device or other object which appears to contain, or probable to comprise evidence of an offense committed under this Human activity;
(c)use reasonable strength to remove whatsoever person or object obstructing the authorized person in the exercise of any power conferred upon him/her past this Act;
(d)detain any person, inside a reasonable time not exceeding 18 (18) hours, institute in whatever place which the authorized person is empowered to enter and search if, later on inquiry made, said authorized person has reasonable ground to believe that the person field of study of the search is connected with the subject matter of the search and it is considered necessary to detain the person subject of the search to be able to adequately perform the search; and
(e)crave the operator of an exhibition facility or any other person who appears to be at the fourth dimension responsible for the control or direction of the exhibition facility to give information or return assistance that may be necessary to enable the authorized person to carry out the functions under this Act.
Department 10. Forfeiture and Disposal of Unauthorized Re-create of Cinematographic Movie or Other Audiovisual Work /Audiovisual Recording Devices Used in the Committee of the Acts Penalized Under this Act. - The court before which a person charged with an offense in violation/contravention of this Act, whether or non said person charged is convicted of the offense, may order that whatever re-create of a cinematographic motion picture or other audiovisual piece of work in which copyright subsists, or parts thereof which appears to the courtroom to be an unauthorized copy, and whatever audiovisual recording device or other equipment in the possession of the declared offender or the court, exist destroyed or delivered to the owner or the exclusive licensee of the copyright owner concerned or otherwise dealt with in such a manner every bit the court deems fit.
In the issue that the court retains representative samples of the unauthorized copy of a cinematographic film or other audiovisual piece of work, or audiovisual recording devices or other equipment for evidentiary purposes in the prosecution of the offense for which an accused is charged, the retained samples shall remain in custodia legis until the last resolution of the court proceedings thereon.
Section eleven. Enforcement. - The PNP, in coordination with the NBI, the Optical Media Board (OMB), operators of the cinemas, theaters or exhibition facilities and owners of the cinematographic films or audiovisual works and other soundtracks, shall enforce the provisions of this Act. The PNP may deputize, for a defined period, the heads or personnel of such agencies and instrumentalities of government or private sector representatives or stakeholders of rights over cinematographic films/audiovisual works and their soundtracks, to perform, the enforcement functions required nether this Human action.
Section 12. Separability Clause. - If any provision of this Act is alleged invalid, the other parts or provisions hereof non affected thereby shall remain and continue to be in full strength and effect.
Department 13. Repealing Clause. - All laws, decrees, ordinances or rules and regulations which are inconsistent with or contrary to the provisions of this Human action are hereby amended or repealed.
Section 14. Effectivity. - This Act shall have event fifteen (15) days after its complete publication in at least two (two) newspapers of national circulation.
Canonical,
(Sgd.) PROSPERO C. NOGRALES
Speaker of the House of Representatives(Sgd.) JUAN PONCE ENRILE
President of the SenateThis Human action which is a consolidation of Senate Bill No. 3529 and Business firm Nib No. 5699 was finally passed by the Senate and the House of Representatives on January 18, 2010 and January 27, 2010, respectively.
(Sgd.) EMMA LIRIO-REYES
Secretary of Senate(Sgd.) MARILYN B. BARUA-YAP
Secretary Full general
Business firm of RepresentativesApproved: MAY 13 2010
(Sgd.) GLORIA MACAPAGAL-Arroyo
President of the Philippines
The Lawphil Project - Arellano Constabulary Foundation
Source: https://lawphil.net/statutes/repacts/ra2010/ra_10088_2010.html
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