I think we still have another issue regarding the notices there.[/quote:49cd347a14]
Agreed, as I had not appreciated that:
I recall getting the distinct impression that the notices said that possession of any recording device would be taken as intent to pirate (or something to that effect).
This, at least, would be misleading? [/quote:49cd347a14]
Not misleading, since it is merely a statement of intent of the ‘powers that be’ (copyright owner, cinema management, etc.) to consider possession recording devices as “intent to pirate”.
It could be expressed as a contractual clause / notice, according to which cinema goers impliedly agree with those ‘powers that be’ that it they’re found with recording device (which is really meant to be digital camcorders, tbh) they’ll get a spanking.
The problem with this ‘notice’, is that:
Legally, could posession of a recording device (again, using our pathelogical cameraphone example) be taken as intent to infringe copyright?[/quote:49cd347a14]
It might be ‘taken’ as intent, but the onus on them to prove it in Court :roll: – and at any rate, possession of ‘recording equipment’ is not proof of copyright infringement. Case in point: every man and his dog has a PC with an Interweb connection, but not every man & his dog downloads piles of CDs from Kazaa!
So, unless (A) they somehow manage to prove that you recorded the movie or bits of it, or (B) have witnesses stating that they saw you do it, they’re going nowhere fast with this ‘intent to pirate’, but letting themselves wide open to a consumer outcry (if you know the right people & (phone) buttons to press :wink: ).
If that’s the case, then either
A) possesion of a cameraphone cannot be taken as intent to infringe, in which case the notice is broken;or
B) posession of a cameraphone can be taken as intent to infringe, in which case question perhaps need to be asked about the law.[/quote:49cd347a14]
Not the Law. The cinema management (and/or copyright owners, e.g. RIAA, MPAA) ‘terms and conditions’.
TBH, I think you’re making a mountain out of a molehill with this. This ‘notice’ is only really there to give the cinema operators grounds on which to go after someone who comes in with a mini-DV camcorder to create and release a “screener”.
Any incidental use of a cameraphone in a cinema, e.g. to take a picture of a friend in the audience, should be fine. But any (faked) incidental use use of a cameraphone in a cinema, e.g. to take a picture of the movie itself, constitutes primary infrigement and could be acted upon.
Frankly, any use of a cameraphone in a cinema should be acted upon with sanding the culprit to death, preferably slowly under a drip-drip of the finest available sea salt :twisted: