Coverage under Copyright Law if intent to use the recording for commercial distribution can be shown. Defendant could argue that it was only a private copy. For illegal copies made for commercial distribution, up to 2 years’ imprisonment. For copies that are illegal but not for commercial use, no criminal sanctions are available (§91,¶1, second sentence of Copyright Act); only a civil injunction under §81 of the Copyright Act.
Art. 1, §1 iuncto Art. 80 (1994)(general rule prohibiting the reproduction of a copyright protected work without the permission of the copyright holder) Art. 81 of the same law: A fine from €550 to €550.000 and/or imprisonment from 6 months to 3 years. In case of recidivism, the maximum penalties are doubled. Bosnia-Herzegovina Yes – Art. 121, Copyright Law Fine of KM 5,000.00 to KM 50,000.00 or imprisonment up to three years
Large private copy exception including reproductions of works on any medium made by a natural person for his private use and for no commercial purposes (Section 25(1)(2) of the Bulgarian Copyright Act).
Yes, unauthorized fixation on any carrier (which as a legal term can mean hard-disk, memory card, etc.) is a criminal offense under §1, Art. 230 of Penal Code (1998). It’s a minor criminal offense under Art. 189, §7 of Copyright and Neighboring Rights Law (2003). Civil liability under Copyright and Neighboring Rights Law is possible as well. Imprisonment up to 3 years (max. 5 years if damage or criminal profit is over €4,000). For an individual, fine ifrom €300-1,500. In both cases, pirated goods will be confiscated and destroyed, and the tools confiscated.
Large private copy exception including reproduction on any medium by a natural person for private non-commercial uses
Art. 30/3 of Copyright Act provides that “…. the use according this law shall include also making a reproduction or imitation of architectural work by building even if for personal need of a physical person or own internal need of a legal entity or a business physical person (Art. 30) as well as making a record, also for personal purposes, of an audiovisual work while operating or transmitting recorded performance (Art. 20)” Same as for other copyright violations: Arts. 105a/1, 105b/1 of the same law: a fine up to CZK 150,000 (USD $10,000). Under Criminal Code, Art. 152, forfeiture plus up to 2 years’ imprisonment and fine up to CZK 5 million. In case of large violation or gaining of large profit, a prison sentence from 6 months to 5 years and other punishments as described above.
Camcording is covered by the general rule prohibiting reproduction of copyright protected works under Danish Copyright Act, §2, cf. §67. Both civil and criminal sanctions apply. The private copy exception does not apply, cf. §12(5) Danish Copyright Act Civil Sanctions – rights holders can claim damages and compensation pursuant to Danish Copyright Act, §83 Criminal sanctions – fines and up to 1.5 years of imprisonment (§76, ¶2 of the Danish Copyright Act. In cases with particularly aggravating circumstances, up to 6 years’ imprisonment, cf. the Danish Criminal Code §299b.
Estonia Depending on the evidence, it can be considered as a misdemeanor under Copyright Act or a crime under Penal Code. The private copy exception according to §18 of the Copyright Act is applicable. If there is no evidence that the recording was made with the intent to distribute, the act will be considered as a misdemeanor under Copyright Act § 814 . If intent to distribute is established, the act can be considered as a crime punishable by forfeiture and up to three years’ imprisonment (Penal Code §222). Finland Unclear. Possible crime if intent to distribute is established. In other words, the private copy exception is applicable. n/a France Law 2009-669 of June 12, 2009 – Article 8 Article L. 335-3 of the same Code shall be completed by the following paragraph: “Any full or partial recording of an audiovisual work in a cinema theater shall be regarded equally as an act of piracy.” Recent criminal decision imposed 6-months’ imprisonment and €1000 fine. Germany Civil sanctions (§97, Copyright Act); criminal sanctions (§§106, 108, 108a, Copyright Act); private copy exception is not applicable according to §53(7), Copyright Act Imprisonment of max. 3 years (max. 5 years with regards infringements on a commercial scale) or fine Greece The private copy exception according to Art. 18 of the Hellenic Copyright Act is applicable. Civil sanctions including damages (Art. 65, Hellenic Copyright Act); Criminal sanctions: minimum of 1 year imprisonment and €13,000 fine (Art. 66) Hungary Yes. Copyright Act Arts. 82 (producer’s approval is needed for making any copy of the film) and 35.1 (any kind of recording of a film’s public performance is excluded from the private copy rule and is therefore prohibited) of the Copyright Act/Penal Code Art. 329.A (breach of Copyright Act with profit oriented intent or causing financial damage is delinquency) Fine or maximum 2 years’ imprisonment Iceland There is coverage in the existing copyright laws which prohibit the copying of work without the rightholder’s authorization. However, the right to make a private copy, in Art. 11, might be applicable. 54th Art. of the copyright law: fine and imprisonment for up to 2 years. Ireland No, unless in course of business. Summary Offence: €1904 and/or 12 months’ imprisonment. Indictable Offence: €126,974 and/or 5 years’ imprisonment. Israel Probably yes under new Copyright Law, Arts. 12 & 47; private copy exception is applicable (Arts. 18, 19) Civil Liability: up to 100,000 NIS per infringement, without proof of damages (Art. 56) / Criminal Liability: up to 5 years’ imprisonment (if it is for commercial use) (Art. 62-A) Italy n/a Violations are punishable with up to 3 months’ imprisonment or a small fine. Latvia Reproduction is prohibited under §§15(1)(8), 69 of the Latvian Copyright Act. The private copy exception according to §34(1) of the Latvian Copyright Act may be invoked. Civil sanctions including damages according to §69 of the Latvian Copyright Act Lithuania Yes. Copyright Act, Art. 73 (Any infringement of copyright or producer’s right or sui generis right is action, in which are infringing rights, prohibited in copyright law and other law of Lithuania.) Administrative Code, Art. 214.10 & Criminal Code, Art. 192. However, under Art. 20(1) of the Copyright Act, the private copy exception could be invoked. Administrative Code Art. 214.10 [penalty from 1,000 LT up 2,000 LT (USD $500-$1,000)] and Criminal Code Art. 192 (public works, or penalty from 2,000 LT (about USD $1,000) or up to two years’ imprisonment. Netherlands Arguably a copyright offence, but private copy exception is available. Illegal distribution calls for a maximum penalty of 1 year imprisonment or €74,000 fine. If done professionally, up to 4 years’ imprisonment. Norway If for distribution, camcording is illegal under Arts. 2, 42, and 45 of Copyright Act. Since copyright holders can make binding agreements against uses that are allowed by the non-mandatory Copyright Act, the private copy exception in Art.12 would not be applicable to camcording. In this case, purchase of a theater ticket would constitute a binding agreement against reproduction of copyrighted material. A willful or negligent violation of Arts. 2, 42, and 45 of Copyright Act is subject to three months’ imprisonment or fines. If a violation is willful and conducted under especially aggravating conditions, the penalty can go up to three years’ imprisonment or fines. Poland Where intent to distribute is shown, Art. 117 of Copyright Act says that “Whoever, without authorization or against its conditions, fixes or reproduces another person’s work in the original or derivative version, performance, phonogram, videogram or broadcast, for the purpose of its dissemination, shall be liable ….” Fine or up to two years’ imprisonment Portugal Yes. Copyright and Neighboring Rights Act, Art. 195º. Up to three years’ imprisonment or fine Russia Up to six years’ imprisonment (Art. 146, Criminal Code); however, the value of the offense must be established, which remains a difficulty. Serbia No n/a Slovenia Copyright and Related Rights Act (29 April 1995) – Art. 134 (about the film producer’s exclusive right to reproduce, distribute and show in public his movies); Penal Code of the Republic of Slovenia – Art. 148, 149 (breach of copyright and related rights) A fine from €334 to €1.670 (along with the possible compensation and seizure of disputable articles) and/or a prison sentence from 1 to 8 years. South Africa §27(2) of the Copyright Act: “Any person who at a time when copyright subsists in a work makes or has in his possession a plate knowing that it is to be used for making infringing copies of the work, shall be guilty of an offence”. SAR 5,000 and/or 3 years’ imprisonment for 1st offenders and SAR 10,000 and/or 5 years’ imprisonment for 2nd offenders Spain Law 55/2007 – Art. 15 point 3: “The recording of motion pictures in cinemas, other rooms or premises open to the public, including in places where access is free of charge, shall be prohibited. The individuals responsible for the cinemas, rooms or premises mentioned in the above paragraph shall ensure that such recordings are prevented by informing about the prohibition and through the possibility of prohibiting the introduction of cameras or any other device with the capacity of recording sound and images. They shall communicate any attempt to record to the rights holders of the works in question. “ Penal Code does not provide any specific sanction for camcording, but only general sanctions: “Recording a movie in order to get a profit without copyright holder’s authorization” might include a camcording if the profit can be proved or “Getting any advantage” (Having a DVD for free before the title is launched?). Depending on the economical situation of the defendant, judges determine a value per day: €100/day (for instance). If conviction is a fine of six months, the convicted individual has to pay €18,000. In case he does not pay, he will be imprisoned for that term. Judge can also impose both prison term and a fine. Sweden Yes – Art. 53, Copyright Law Fine and/or imprisonment of up to 2 years Switzerland No n/a Turkey Yes. Camcording is deemed within the right of reproduction under Art. 22 of the Copyright Act 1 to 5 years’ imprisonment or a monetary fine (71/1 of the Copyright Act) UAE Yes. The Copyright Law provides protection (Ch. 1, Arts. 2, 7, 11, and 19) Not less than three months’ imprisonment and a fine from 50,000 Dirhams ($13,698) to 500,000 Dirhams ($136,986) (Ch. 7, Arts. 37 and 38) UK Camcording is civil infringement. No criminal remedy, absent evidence of business activity or intention to upload recent title. Successful convictions under Fraud Act in the UK last 6 months – including prison sentence. Separate criminal offence not needed n/a Ukraine Art. 51-2 of Administrative Code USD 34-680 along with seizure of illegal manufactured production, equipment and materials used for its manufacturing