The Cinematograph (Amendment) Bill introduced in India in 2019 aimed to address issues related to piracy by outlawing the recording of movies in theaters and criminalizing unauthorized copying. After approval by India’s Union Cabinet, the amended proposals have now moved to parliament for further consideration and potential enactment into law.
However, whether these proposed amendments are sufficient to satisfy the United States, particularly in the context of intellectual property rights and combating piracy, remains a topic of debate. India’s efforts to strengthen copyright protection and enforcement measures are likely to be evaluated by the United States based on their effectiveness in addressing piracy concerns and protecting the interests of rights holders.
The proposed amendments to the Cinematograph Act in India aim to address the issue of in-theater piracy, particularly the unauthorized recording of movies, commonly known as ‘cam’ piracy. These recordings often appear online shortly after a movie’s theatrical release and can have negative impacts on both box office revenue and the integrity of the filmmakers’ work.
The Cinematograph (Amendment) Bill 2019 sought to prohibit the use of audiovisual recording devices in theaters without written authorization from the copyright holder. Violations of this provision would be punishable by up to three years in prison, a fine, or both.
During the legislative process, concerns were raised regarding the potential overreach of the proposed provisions, as well as questions about defining terms such as “knowingly” and “in a place.” Additionally, there were discussions about the need to establish mens rea (intent) and consider fair use exceptions.
Following revisions and discussions, the Cinematograph (Amendment) Bill 2023 was approved by the Union Cabinet and introduced in the Rajya Sabha in July 2023. The bill includes provisions for film certification and measures to address cam piracy. The specifics of these measures are outlined in a PRS India summary.
The Bill prohibits carrying out or abetting: (i) the unauthorized recording and (ii) unauthorized exhibition of films. Attempting an unauthorized recording will also be an offense. An unauthorized recording means making or transmitting an infringing copy of a film at a licensed place for film exhibition without the owner’s authorization. An unauthorized exhibition means the public exhibition of an infringing copy of the film for profit: (i) at a location not licensed to exhibit films or (ii) in a manner that infringes upon the copyright law
When accompanied by the fines mentioned earlier, which include up to 5% of a movie’s audited gross production costs, it seems likely that the United States would’ve been quite pleased with India’s latest attempt at anti-camming legislation. And then this;
Certain exemptions under the Copyright Act, 1957 will also apply to the above offenses. The 1957 Act allows limited use of copyrighted content without owner’s authorization in specified cases such as: (i) private or personal use, (ii) reporting of current affairs, or (iii) review or critique of that work.
Indeed, the application of fair use-style exemptions to in-theater recording scenarios may not be perceived positively by all parties, particularly those advocating for stricter anti-piracy measures. The International Intellectual Property Alliance (IIPA) has previously urged India to enact legislative amendments to explicitly outlaw unauthorized recording of audiovisual works in cinemas. This suggests that they may not support broad exemptions that could potentially weaken enforcement efforts against in-theater piracy.
