COPYRIGHT
Application of the Copyright Act in its relationship to copyright warnings on DVD/Blu-ray
Most DVDs (Blu-rays and other such devices) carry warnings related to unauthorised public performance and duplication. Such warnings may vary from one distributor to another; however the message is essentially the same under the Copyright Act, performance in any venue other than the domestic home, or in limited circumstances, in recreational establishments, is subject to permission from the copyright holder.
Penalties for Copyright Infringement
Where there has been unauthorised public performance of a film (infringement) the following people can all be liable:
person or persons who screen the film publicly
person or persons who authorise the performance but do not have the right to do so.
person or persons who provide premises for an unauthorised performance.
person or persons who provide equipment for the performance
Civil Remedies
Copyright owners can sue infringers for:
an injunction to stop further performances
compensatory damages;
additional damages;
delivery up of the film.
Criminal Remedies
Infringement can also be prosecuted as a crime. Offenders under the Copyright Act are liable to up to 5 years imprisonment and a maximum fine of $150,000.00.
Availability of material for public performance
The granting of permission for the public performance of copyrighted material in any circumstances is generally at the discretion of the copyright holder, having taken into account any and all commercial interests related to the distribution of the material to its various revenue generating markets. It cannot simply be assumed that because a film is generally available (i.e. DCP, DVDs, Blu-rays, video cassettes and other such devices) that permission for a public performance will be granted. The copyright holder, directly or through his representative, will provide the final decision on any application.
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