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ABOUT AFACT

The Australian Federation Against Copyright Theft was established in 2004 to protect the film and television industry, retailers and movie fans from the adverse impact of copyright theft in Australia. AFACT works closely with industry, government and law enforcement authorities to achieve its aims.

AFACT acts on behalf of the 50,000 Australians directly impacted by copyright theft including independent cinemas, video rental stores and film and television producers across the country.

AFACT has its own free anti-piracy hotline: 1800 251 996.

AFACT members include: Village Roadshow Limited; Motion Picture Association: Walt Disney Studios Motion Pictures Australia; Paramount Pictures Australia; ReelTime Media, Sony Pictures Releasing International Corporation; Twentieth Century Fox International Corporation; Universal International Films, Inc.; and Warner Bros. Pictures International, a division of Warner Bros. Pictures Inc.

For more information on AFACTs members you can visit:

 

> www.bvhe.com.au
> www.foxmovies.com.au
> www.mpaa.org
> www.paramount.com
> www.reeltime.tv

 

> www.roadshowentertainment.com.au
> www.sonypictures.com.au
> www.universalpictures.com.au
> www.warnerbros.com

INFORMATION ON INFRINGING VIDEO AND OPTICAL DISC PRODUCT

Clear copyright warning notices are displayed on their promotional covers on the labels themselves and at the commencement of the film.
 
The member companies of AFACT and their local distributors insist upon high standards of quality in reproduction of their films onto the formats.  These high standards are reflected in the packaging and labelling and the clarity of the reproduction of the film and sound.
 
From time to time, infringing copies of members' and local distributors' films on the various formats have appeared on the market.  Often at first sight these appear to be genuine, but a careful examination will often show the following discrepancies:

  1. Printing on the label of the unauthorised format may be blurred and the colours are often not correct.
  2. The small printing on the promotional covers may be blurred and the colours are often not correct.
  3. The labels and covers may be colour or black & white photocopies rather than original printed copies.
  4. The printing on the promotional covers may have spelling mistakes.
  5. The name of the film may be handwritten on the optical disc or video itself.
  6. The optical disc may be in either a CD-R or DVD-R format.
  7. There may be an absence of Office of Film & Literature Classification (OFLC) labels on the promotional covers and on the video/optical disc.
  8. There may be an absence of a studios trade mark on the promotional covers and on the video/optical disc itself.
  9. The quality of the sound and image of the film is of a poor standard.
  10. The sale price is lower than would normally be expected for the genuine product.

 
COPYRIGHT ACT 1968
 
We wish to draw to your attention, the following provisions of the 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, a video cassette, video laser disc, video compact discs and/or digital versatile discs imported without the licence of the owners of the copyright is an infringing copy for the purpose of the Act.
 
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 plate 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 plate and had been the owner of the copy or plate 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 sell or hire 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.
 
Offenders may be liable to a maximum fine of $60,500 for each offence and/or five years imprisonment.

TRADE MARKS ACT 1995
 
We wish to advise you that 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 ENFORCEMENT ACT

Each State has its own Classification Enforcement Act but in general terms it is an offence to sell a film unless the determined markings relevant to the classification of the film are displayed on the container, wrapping or casing of the film. It is also an offence to sell or publicly exhibit an unclassified film, and may be an offence in your state to sell or publicly exhibit a film classified RC or X. In addition a person must not sell a classified film unless the film is sold in the form, without alteration or addition, in which it is classified.

 

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