Are individuals breaking the law if they purchase or are found in possession of pirate copies?
Individuals are breaking the law and are liable to criminal prosecution if they purchase or have in their possession pirate copies for the purpose of sale, hire or distribution. The maximum penalty is 5 years imprisonment or a $60,500 fine. All copies and all equipment used to make illegal copies are immediately confiscated by police and forfeited.
Pirate DVDs are effectively stolen goods, therefore individuals who knowingly buy pirate DVDs are in effect receiving stolen goods, aiding and abetting the commission of the offence.
What maximum penalties do consumers face for purchasing illegal DVDs?
Individuals who knowingly purchase pirate copies for their own use may be charged with aiding and abetting the commission of the offence, which can result in the same maximum penalty.
Individuals can best help by not supporting this criminal activity in any way. Most obviously, do not buy pirate copies of films, and report suspected copyright theft to the AFACT free call number on 1800 251 996 or email www.moviepiracy.org.au.
*How much does piracy cost the industry in Australia?
In April 2005, LEK Consulting, in a report commissioned by the MPA, estimated that there were more than 47 million infringing copies of DVD movies in circulation in Australia, compared with 52.3 million genuine DVDs.
According to the LEK report, in Australia the film and television sector lost an estimated $230 million, including downloading losses (but not including free-to-air television programming). That's 11% of the potential market, a piracy rate that has nearly tripled since 2000.
* How fast is DVD piracy growing in Australia?
The distribution of unauthorized copies of movies including film, video and DVD rose from 4% in 2000 to around 11% of the legitimate market in 2005.
DVD-R technology has fast promoted local DVD burning as the preferred method of piracy to around 80% of illegal discs seized at the end of 2004.
Weekend markets and swap meets are the mainstay for illegal operators with schools, pubs, workplaces, door to door sales, trader magazine and internet auction sites also being used.
The import and local replication of pirate DVDs is currently the most common manifestation of movie piracy in Australia, however the rapid penetration of broadband has made copyright theft over the internet the most damaging form of piracy to the film and TV industry in Australia.
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