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Alberta Video Piracy Case Cracked by PIs

posted by PInow.com Staff | January 24th, 2008
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A 20-year-old man has been charged with illegally videotaping a movie in a Calgary theatre, making him the first person in Alberta and only the second in Canada to be charged with the act since changes were made to the Criminal Code in June to crack down on film piracy.

Calgary Police say the arrest came after a six-month investigation by a local security company, which had been hired by the Canadian Motion Picture Distribution Association.

The suspect allegedly smuggled a camera into Empire Studio 16 during a matinee showing of the Johnny Depp movie Sweeney Todd on Dec. 21, the film’s opening day. Acting Det. Asif Rashid of the Calgary Police Service said the suspect was spotted in the back of the theatre.

“The camcorder was concealed in his clothing,” Rashid said.

In November, a 23-year-old man was arrested in Montreal after allegedly recording the Steve Carell film Dan in Real Life in a multiplex. Before the amendment, it had to be proven that a suspect was intending to distribute an illegally recorded film before action could be taken under copyright laws.

“The fact that now it’s a crime to record allows us to go after these individuals,” said Mike Robinson, vice-president of anti-piracy operations for the Motion Picture Association of America, the umbrella organization for the Canadian Motion Picture Distributors Association.

In August, the association ranked Calgary as the second-worst source of illegal movie recordings in Canada after Montreal. Robinson said private investigators are often hired to battle film piracy in specific cities where it’s deemed to be widespread.

“We were aware of other camcording that had come out of Calgary and that Calgary was a hot spot for this activity,” he said. “So we were focusing investigative attention in Calgary.”

Neither Robinson nor the Calgary Police would elaborate on the six-month investigation by the private security firm. But Rashid said the investigation has been taken over by police and more charges could be laid.

Robinson said Calgary also has been identified by the Motion Picture Association of America as the hub of an international film piracy operation.

“Activities that are coming out of Calgary . . . have been used as a source for pirated products being sold around the world,” he said. “So this has a big impact outside of Canada.”

Gregory Hagen, an assistant professor of law at the University of Calgary with expertise in intellectual property and Internet law, said the changes to the Criminal Code were the result of a lobbying efforts by the association and other groups representing studios and filmmakers.

“This was not so much a legal effort but a public relations effort,” he said. “It’s to get people associating camcording in theatres with doing something that is criminal.”

But Hagen said the law could have unforeseen ramifications. Under the new act, even those who record a film for legitimate purposes - such as for criticism or a review - could be charged. Under the old law, copying snippets of films for these purposes was protected as “fair dealing,” he said.

“Under the Copyright Act, it had to be proven that the image in the camera was for some sale, or rental or distribution,” he said. “Now all you have to do is find the image and prove it was recorded without consent and that person is liable for imprisonment for up to two years.”

But Robinson said the amendment targets film pirates, who can have a major impact on the economy.

“Movie piracy is an $18-billion worldwide problem that has serious impact, not only on the film industry in general, but also on the economy of every country and any country that does any sort of movie production,” he said. “That includes movie houses and even the mom and pop DVD stores.

“It has the impact of creating a huge underground and illegal economy and that illegal economy is connected to other crimes. So this is not a crime without victims.”

Richard Craig Lissaman, 20, of Calgary, has been charged with one count of unauthorized recording of a movie.



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