About a New French Crime...

Professor Cédric Manara wrote an entry on the Dalloz blog about a new crime, created by the June 12, 2009 law (the so-called HADOPI 1 law). Pursuant to the article L.335-3, 3 of the French IP Code, capturing, partially or completely, a cinematographic or audiovisual work in a movie theatre constitutes counterfeiting.

According to Mr. Manara, only recording made in a closed movie theatre are illegal, as the French « salle de spectacle cinématographique » only designates a closed area. That will not help a drive-in movie theater revival…

Also, Mr. Manara notes that even a partial recording is a crime, and wonders if it will be necessary to check at the end of each show if the viewers had not recorded a brief excerpt of the movie on their smartphones… Mr. Manara adds, the movie theatre owners themselves could be implicated, if they use a surveillance camera inside the theatre for security reasons…