QuestionsQuestions (Republic Act No. 10088)
It is known as the “Anti-Camcording Act of 2010.”
A digital or analog photographic or video camera, or any other technology/device capable of enabling the recording or transmission of a cinematographic film or other audiovisual work (or any part), regardless of the device’s sole or primary purpose.
“Camcording” refers to any unlawful acts enumerated under Section 3 of RA 10088.
Without authorization of the copyright owner/exclusive licensee, it is unlawful, in an exhibition facility and when copyright subsists, to: (1) use/attempt to use an audiovisual recording device to transmit or make a copy of a performance (or soundtrack) of the film/work; (2) possess an audiovisual recording device with intent to use/attempt to transmit or copy; or (3) aid, abet, or connive in these acts.
At the time of the prohibited act, copyright must subsist in the cinematographic film or other audiovisual work or its soundtrack.
A fine of Php50,000 but not exceeding Php750,000, and imprisonment of six (6) months and one (1) day to six (6) years and one (1) day.
The penalty shall be imposed in the maximum.
The alien offender shall immediately be deported after payment of the fine and after serving the sentence, and thereafter be refused entry into the Philippines.
The penalty includes perpetual disqualification from public office and forfeiture of the right to vote and participate in public elections for five (5) years.
Copyright is presumed to subsist if the accused does not put the question as to whether copyright subsists in issue; even if put in issue, the presumption applies if the accused fails to show good faith; other presumptions may apply based on names appearing on copies.
An affidavit making relevant assertions (e.g., that copyright subsists and/or that the affiant is the copyright owner) is admitted as prima facie proof until the contrary is proved, unless the court requires oral/testimonial evidence.
No. Section 6 states it is not a defense that transmission/copying was for private or domestic purposes or in connection with a fair use deal.
They must conspicuously post notices/warnings in at least two (2) areas (e.g., ticket-selling area and entrances) warning patrons against bringing audiovisual recording devices into screening/exhibition areas, with a reservation that management will take temporary custody of devices.
Failure to comply subjects the management/operator to a fine of Php50,000.
An authorized person may enter and search an exhibition facility without a warrant and without payment of admission fee/charge if there are reasonable grounds to believe a violation is being or has been committed and that delay in obtaining a warrant could result in loss/destruction of evidence or it is otherwise not reasonably practicable to obtain a warrant.
They may: search a person with recording device in actual possession; seize/remove/detain devices or objects likely containing evidence; use reasonable force to remove obstructions; detain a person within a reasonable time not exceeding eighteen (18) hours; and require the operator/person responsible to give information or assistance for enforcement.
The court may order destruction or delivery to the copyright owner/exclusive licensee or otherwise proper dealing with the unauthorized copy and any audiovisual recording device/equipment in possession of the alleged offender or the court; retained representative samples remain in custodia legis until final resolution.