The Government of India introduced the Cinematograph (Amendment) Bill, 2019 with the stated objective of countering film piracy. The Bill amends Cinematograph Act, 1954. The Act provides for certification of films for exhibition. The Act also imposes penalties for various offences such as:
- Exhibition of a film that has not been certified for public exhibition, or
- Tampering with a film after it has been certified.
The salient features of the amendment bill are:
- The Amendment Bill makes Film Piracy offences punishable with imprisonment up to three years and fines which may extend to 10 lakh or both.
- The amendment clearly states that any person, who without the written authorisation of the copyright owner, uses any recording device to make or transmit a copy of a film, or attempts to do so, or abet the making or transmission of such a copy, will be liable for such a punishment.
- Section 7 of the original Cinematograph Act, 1952 deals with who can watch and exhibit which films and penalties or violating terms and conditions related to the exhibition of board- certified films. The amendment bill adds a new subsection (4) to Section 7 of the Cinematograph Act, 1952 with the definition of piracy and the penal provisions for the same.
With all its pros and cons the Cinematograph Amendment Bill, 2019 aims to tackle film piracy by criminalise unauthorised use of an audio-visual recording device for making or transmitting a copy of a film or any part of it. It is believed that the Bill once passed will build a credible deterrence and would increase industries revenues. It proposes to mandate the same punishment for even attempting or abetting the same. By overriding the provisions of the Copyright Act, the amendment fails to consider users’ rights under Section 52 of the Copyright Act, which permits unauthorised use of copyrighted works for certain purposes, such as for private use, criticism or review.
The amended bill also provides for insertion of a new Section 6AA for the prohibition of unauthorised recording.
6AA: “Notwithstanding any law for the time being in force, no person shall without the written authorisation of the author be permitted to use any audio visual recording device to knowingly make or transmit or attempt to make or transmit or abet the making or transmission of a copy of a film or a part thereof.”
*The expression author shall have the same meaning as assigned to it in the clause (d) of Section 2 of the Copyright Act of 1957.