The federal government has recently announced plans to make it a crime to use hand-held video cameras to copy movies in theatres. This initiative will be seen by many observers as a response to Hollywood lobbying and the recent Warner Brothers announcement that it will cancel sneak preview screenings in Canada. According to the Motion Picture Association of America, about 1 in 5 pirated movies worldwide originate in Canada. Recently, the US Trade Representative's Office (USTR) retained Canada on its 2007 "watch list" for protection of intellectual property, citing "continuing concern" over "failure to prohibit the unauthorized camcording of films in movie theaters." Typically, in Canada, the most serious penalty imposed on a person caught recording a movie is that they are ejected from the theatre. In part, this stems from the current requirement of proof that the person who attempted to record the movie also planned to sell copies of it. This has proven to be a considerable hurdle to surmount since someone caught in the act can claim the recording is for personal use. The proposed penalty for this new crime will be known only when legislation is introduced in Parliament. For a recent news article, see: http://tinyurl.com/32neea For commentary by Prof Michael Geist, visit: http://www.michaelgeist.ca/content/view/1657/135/ For perspective on Canada/US differences on IP enforcement a year ago, see an earlier issue of E-TIPS® "Canada Remains on US Intellectual Property Rights Watch List", Vol 4, No 22, May 10, 2006. Summary by: Oren Weichenberg

E-TIPS® ISSUE

07 05 23

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