The leaked comprehensive ACTA draft reveals that a proposed anti-camcording provision has failed to receive significant support. Proposed by the U.S. and Japan, the provision states:
Each Party shall provide for criminal procedures and penalties to be applied [Japan: in accordance with its laws and regulations,] against any person who, without authorization of the holder of copyright or related rights in a motion picture or other audiovisual work, knowingly [US: uses an audiovisual recording device to transmit or make] [Japan: makes] a copy of [Japan: or transmits to the public] the motion picture or other audiovisual work, or any part thereof, from a performance of the motion picture or other audiovisual work in a motion picture exhibition facility open to the public.
At the moment, Australia, New Zealand, and Switzerland are all opposed to this provision, while the EU is considering it. Canada and Mexico have proposed specific amendments. These positions are consistent with claims that ACTA will not change domestic law. For example, earlier this month Australian officials said it is not seeking to drive change to domestic law through ACTA. Australia does not have an anti-camcording law.
Yet another red herring. They try to make is sound as though bootleg movies come from audience members recording movies in theatres, but the last I heard the lions share of bootleg movies are made from illicit copies made by insiders. Not young people recording snippets with narration at their sister’s birthday party.