Statutory definitions and key terms
- An “audiovisual work” is a work of intrinsically related images intended to be shown using machines or devices (such as projectors, viewers, or electronic equipment) together with accompanying sounds, if any.
- An “audiovisual recording device” is a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a cinematographic film or other audiovisual work (or any part), whether or not recording is its sole or primary purpose.
- “Camcording” means any unlawful acts enumerated under Section 3.
- A “cinematographic film” is an audiovisual work of related images which, when shown in succession, imparts an impression of motion together with accompanying sounds, if any.
- “Copy” includes making copies in electronic format or transient or incidental copies to some other use, and refers to articles or things embodying the visual images and/or sounds comprised in a cinematographic film or audiovisual work.
- A “copyright owner” is any person with the exclusive rights under Republic Act No. 8293 (the Intellectual Property Code of the Philippines) and related international treaties, conventions, or agreements to which the Philippines is a party.
- An “exclusive licensee” is a written licensee authorized on behalf of the copyright owner (or prospective owner) to do an act within the Philippines that the owner would otherwise have the exclusive right to do or perform.
- An “exhibition facility” is any cinema, film theater, screening room, projection room, or other venue used for public exhibition of a cinematographic film or audiovisual work, whether or not a fee is charged.
- An “operator of an exhibition facility” is any person or entity holding (or required to hold) a license from the Securities and Exchange Commission (CSEC) for companies and partnerships, the Department of Trade and Industry (DTI) for sole proprietorships, the Movie and Television Review and Classification Board (MTRCB), or other relevant government offices that have jurisdiction to operate the exhibition facility.
- An “authorized person” includes members of the Philippine National Police (PNP) and the National Bureau of Investigation (NBI) and/or any other person duly authorized by them to exercise powers under the Act.
- “Transmit” means conveying by any means (including wireless means), over any path(s), whether or not in response to a request.
Unlawful camcording acts in exhibition facilities
- Section 3 makes it unlawful, without authorization of the copyright owner or exclusive licensee, for any person, while copyright subsists, to:
- Use or attempt to use an audiovisual recording device to transmit or to make a copy of any performance in an exhibition facility of the covered cinematographic film or audiovisual work or its soundtrack (or any part).
- Have in possession, in an exhibition facility, an audiovisual recording device with intent to use or attempt to use it to transmit or make a copy of any performance in the exhibition facility of the covered work or its soundtrack (or any part).
- Aid, abet, or connive in the commission of the prohibited acts under Section 3.
- The covered acts are tied to performances in an exhibition facility and to copying/transmission of a cinematographic film or other audiovisual work (including its soundtrack) when copyright subsists (Section 3).
Criminal and enhanced penalties
- A person found guilty of violating Section 3 is subject to a fine of Fifty thousand pesos (Php50,000.00) but not exceeding Seven hundred fifty thousand pesos (Php750,000.00) and imprisonment of six (6) months and one (1) day to six (6) years and one (1) day (Section 4).
- If the purpose of the prohibited acts is sale, rental, or other commercial distribution of a copy of the cinematographic or audiovisual work or its soundtrack (or any part), the penalty is imposed in the maximum (Section 4).
- If the offender is an alien, the person is immediately deported after payment of the fine and after serving the sentence, and is thereafter refused entry into the Philippines (Section 4).
- If the offender is a government official or employee, the penalty includes perpetual disqualification from public office and forfeiture of the right to vote and participate in any public election for a period of five (5) years (Section 4).
Copyright presumptions and evidentiary rules
- For Section 3 prosecutions, copyright is presumed to subsist in the subject cinematographic film or other audiovisual work or its soundtrack if the accused does not put in issue whether copyright subsists therein (Section 5).
- If the accused puts the copyright-subistence question in issue but does not satisfy the court that it was done in good faith, the presumption that copyright subsists applies notwithstanding that the issue was raised (Section 5).
- If the name of a person appears on copies of the work (as made available to the public in a manner implying the person was the maker, and for a non-corporate body, that the name is the person’s true name or a name by which the person was commonly known), that person is presumed to be the maker and the copyright owner, unless the contrary is established (Section 5).
- When the accused puts in issue whether copyright subsists or who owns the copyright, an affidavit made on behalf of the copyright owner asserting (1) that copyright subsists in the work or other subject matter and/or (2) that the affiant is the copyright owner is admitted in evidence as prima facie proof of the matters stated until the contrary is proved, unless the court requires oral/testimonial evidence (Section 5).
No defense for private use or fair use
- Section 6 bars a defense based on the claim that transmission or making a copy was for private or domestic purposes or in connection with a fair use deal.
Notice posting requirement for exhibition facilities
- All exhibition facilities, cinemas or theaters must conspicuously post notices or signages in at least two (2) areas in the exhibition facility, including (but not limited to) areas where tickets are sold and the entrances (Section 7).
- The notices must warn against bringing audiovisual recording devices into the cinematographic film/audiovisual screening/exhibition area and must reserve that management/operator will take the device into preventive and temporary custody until the patron leaves the screening/exhibition area/facility (Section 7).
- Failure by management/operator to comply subjects the management/operator to a fine of Fifty thousand pesos (Php50,000.00) (Section 7).
- Management/operator may perform other precautionary measures to prevent commission of acts punishable under the Act (Section 7).
Search and entry without warrant
- Authorized persons may enter and search an exhibition facility without a warrant and without payment of any admission fee or other charge if they have reasonable ground to believe a violation has been or is being committed.
- Entry and search without a warrant is allowed when obtaining a warrant would take time necessary to obtain a warrant could result in the loss or destruction of evidence, or where obtaining a warrant would not be reasonably practicable for other reasons (Section 8).
Additional powers during enforcement
- If an authorized person has reasonable ground to believe a violation is being committed, the authorized person may:
- Search any person if the person subject to search has in actual possession an audiovisual recording device in respect of which an offense is being committed (Section 9).
- Seize, remove, or detain an audiovisual recording device or other object that appears to contain, or likely to contain, evidence of an offense committed under the Act (Section 9).
- Use reasonable force to remove any person or object obstructing the authorized person (Section 9).
- Detain any person for a reasonable time not exceeding eighteen (18) hours if, after inquiry, there is reasonable ground to believe the person is connected with the subject matter of the search and detention is necessary to adequately perform the search (Section 9).
- Require the exhibition facility operator (or other person appearing responsible for control/management at the time) to give information or render assistance needed to enable the authorized person to carry out the Act’s functions (Section 9).
Court forfeiture, destruction, or delivery
- Upon a charge under the Act, the court may order that any copy of a cinematographic film or other audiovisual work in which copyright subsists (or parts that appear unauthorized) and any audiovisual recording device or other equipment in the alleged offender’s or court’s possession be:
- Destroyed, or
- Delivered to the owner or exclusive licensee of the concerned copyright owner, or
- Otherwise dealt with in the manner the court deems fit,
- whether or not the charged person is convicted (Section 10).
- If the court retains representative samples for evidentiary purposes, the retained samples remain in custodia legis until the final resolution of the court proceedings (Section 10).
Enforcement and deputization
- Enforcement is carried out by the PNP, in coordination with the NBI, the Optical Media Board (OMB), operators of cinemas/theaters/exhibition facilities, and owners of cinematographic films/audiovisual works and other soundtracks (Section 11).
- The PNP may deputize, for a defined period, heads or personnel of agencies and instrumentalities of government or private-sector representatives or stakeholders of rights over cinematographic films/audiovisual works and their soundtracks to perform enforcement functions under the Act (Section 11).
Separability, repeal, and effectivity
- If any provision is declared invalid, the other unaffected parts remain in full force and effect (Section 12).
- All laws, decrees, ordinances, rules, and regulations inconsistent with or contrary to the Act are amended or repealed (Section 13).
- The Act takes effect fifteen (15) days after complete publication in at least two (2) newspapers of national circulation (Section 14).