The Law
How can AFACT assist?
Australia's laws and international treaties exist to stop people from stealing valuable copyrighted material.
Whether you download a movie or TV show from an unauthorised source or sell pirated DVDs on the street, you are stealing someone else's property and your actions carry legal consequences.
AFACT and its member companies employ a multi-pronged approach to fighting copyright theft that includes educating people about the consequences of piracy, preventing the illegal file-sharing of movies and TV shows on the internet, and assist in the investigation and prosecution of commercial-scale pirate operations, cooperating with law enforcement authorities around Australia.
AFACT works closely with the police and can assist with investigation and prosecution in a number of ways:
- The provision of comprehensive evidential briefs containing investigative statements, surveillance footage, copyright certification, recommendation on charges
- Drafting of Commonwealth 3E search warrants
- Assistance during executing search warrants (including logistic support)
- Provision of secure footage for any seized material
- Expert examination of times seized
- Advising on elements of proof for alleged infringements
- Review of indictments
- Full provision of copyright and trade mark certificates
- Provision of expert witness statements
- Attendance in court mentions and court hearings to assist police, prosecutor and courts
- Provision of parity sentencing material, and
- Destruction of seized material following finalisation of the proceedings (section 133 of the Copyright Act refers)
Telephone: 02 9997 8011
Toll Free: 1800 251 996
Email: info@afact.com.au
COPYRIGHT ACT 1968
Section 86 - provides, amongst other things, that to make a copy of the film is the exclusive right of the copyright owner.
Section 101 - provides that it is an infringement of the copyright to do or authorise the doing of any act comprised in the copyright without the licence of the owner.
Section 102 - provides, in summary that copyright is infringed by a person who without the licence of the owner of the copyright, imports a cinematograph film into Australia for the purpose of selling it or dealing with it by any of the methods specified in the section, where to his/her knowledge the making of the film would, if the film had been made in Australia by the importer, have constituted an infringement of copyright.
Section 103 - provides inter alia, that it is an infringement of copyright to sell, offer for sale hire or offer for hire, infringing copies of cinematograph films. Further, an “article” includes a reproduction of copy of a work or other subject matter, being a reproduction or copy in electronic form.
Section 115 - this section provides that the copyright owner may bring an action for infringement of copyright and the Courts may grant an injunction and either damages, or an account of profits. Additional damages may be awarded having regard inter alia to the flagrancy of the infringement.
Section 116 - subject to this Act, the owner of the copyright in a work or other subject matter is entitled in respect of any infringing copy, or of any device (including a circumvention device) used or intended to be used for making infringing copies, to the rights and remedies, by way of an action for conversion or detention, to which he/she would be entitled if he/she were the owner of the copy or device and had been the owner of the copy or device since the time when it was made.
Pursuant to this Section, the owners of the copyright are deemed to be the owners of the infringing copies of the film and are given the remedy of delivery up of the infringing copies.
Criminal Offences:
Section 132 - It is an offence for a person to manufacture, sell, hire, distribute or offer for sale or hire, infringing (pirate) copies of films, in any format, or to have in his/her possession for the purpose of sale or hire a film in any format.
The maximum criminal penalties for individuals under the Copyright Act can be as high as $60,500 and up to five years imprisonment.
TRADE MARKS ACT 1995
The offering for sale or hire of unauthorised copies of films in any format, whose licence belongs to members, may be conduct which infringes the trade marks of the members or their licensees and/or which passes off the product as authorised copies when they are not.
Section 148 – it is an offence for a person to sell/expose for sale/ or have in their possession for the purpose of sale or manufacture, video or optical disc products; knowing that or reckless of whether or not:
• a falsified registered trade mark is applied to them or in relation to them; or
• a registered trade mark is falsely applied to them or in relation to them.
Section 149 – sets out the penalties for contravention of Section 148. Offenders may be liable to a maximum fine of $55,000 for each offence and/or 2 years imprisonment.
CLASSIFICATION ACT
It is a legal requirement within Australia that movies and TV shows are classified by the Office of Film and Literature Classification (OFLC) and display the appropriate classification markings. The Commonwealth, States and Territories share responsibility for this regulation and all jurisdictions have legislation.
Copyright (International Protection) Regulations 1969
Commonwealth Criminal Code Act 1995
For more information, please refer to:
Australian Copyright Council
Attorney General’s Department
Australasian Legal Information Institute
ComLaw, the Commonwealth of Australia Law
Screenrights
