Clips of secret filming and widespread dissemination of films
In recent days, the story of secretly filming theatrical films has heated up again when "Thỏ ơi!!" became the focus of the box office. Since the movie was released, many videos recording the climax, even the entire ending, have appeared densely on TikTok and other platforms. Many accounts even shred each segment to "attract views", attracting millions of views, comments and shares.
On his personal page, Tran Thanh had to post a message begging the audience to stop this behavior: "The filmmaking profession always faces many difficulties and takes the effort of many people. So please don't post the ending of the movie, important details or secret filming in the cinema on social media platforms. Please pity the labor of many people in a film".
The distributor of "Thỏ ơi!!" - Galaxy Studio has also spoken out to request viewers not to film secretly, record movie scenes and then post them on digital platforms.
The distributor said that it has discovered many accounts on social networks posting excerpts, even almost complete recordings of the movie "Thỏ ơi!!" in the form of secret filming. Faced with this situation, Galaxy Studio has made a record, stored evidence, recorded links, account information and related data to serve as a basis for handling according to legal regulations.
Not only "Thỏ ơi!!", the movie "Mưa đỏ" also once fell into a similar situation. Director Dang Thai Huyen once expressed: "81 days and nights of struggling, dedication. All blood, sweat, tears have been shed on the film set. Please don't spoil (reveal) the content, take and film important scenes and post them online to reveal all the film content. Everyone, please love and cherish the efforts of the crew. Please stop that. Please give us more motivation to dedicate ourselves in the following products".
In 2023, Ly Hai's movie "Lat Mat 6" was also secretly filmed by more than 100 accounts, especially in a case of livestreaming for nearly an hour.
Worryingly, this behavior is gradually being underestimated as a habit, and the majority of viewers "calmly" violate it.
According to Article 28 of the 2005 Law on Intellectual Property, filming secretly in cinemas and then posting them online is an act of copyright infringement. If cut, edited and distributed, it is also considered to be edited, distorted or made into illegal derivatives.
Clause 5, Article 35 (amended and supplemented) also prohibits copying and extracting performances, audio and video recordings without permission from the author.
According to Article 18 of Decree 131/2013/ND-CP, the act of copying works without permission may be fined from 15-35 million VND, forced to remove content and destroy exhibits of violation.
Director of the Department of Cinema talks about difficulties and handling directions
Talking to Lao Dong Newspaper, Director of the Cinema Department Dang Tran Cuong said that this issue cannot be solved by temporary measures but requires a comprehensive and long-term strategy. The focus is on protecting intellectual property rights, maintaining a creative environment and sustainable development of the film market. The Department will strengthen coordination with all parties to handle violations.
According to the leader of the Cinema Department, filming secretly in theaters and posting them on social networks is an act of serious infringement of copyright and related rights, leading to many negative consequences for the entire industry.
This issue requires the synchronous involvement of state management agencies, distribution units, cinema systems, digital platforms and especially the awareness of each audience member" - the Director affirmed.
Explaining why this situation has lasted for many years but has not been completely resolved, Director Dang Tran Cuong said that the current legal framework has regulations and sanctions for the act of secretly filming, copying, and illegally disseminating cinematographic works. However, when entering reality, the implementation process encounters many obstacles.
Besides, there is a challenge in identifying and handling violating subjects. Secret filming takes place right in cinemas, crowded spaces, low lighting, difficult to control absolutely. In cyberspace, many accounts use virtual identities, hide IP addresses, place servers abroad or through intermediary platforms.
Director Dang Tran Cuong also emphasized: "When intermediary entities seriously perform the role of "gatekeepers", combined with the management of State agencies and user awareness, the effectiveness of copyright infringement prevention and control can be substantially improved.
In the US, filming a movie in a theater without permission is penalized under Article 18 U.S. C. - 2319B for copyright infringement. Violators can be fined up to 3 years in prison and/or 250,000 USD for the first time; recidivism can be fined up to 6 years in prison and higher amounts. Equipment and copies of violations can be confiscated, destroyed, and violators must compensate copyright owners. In 2008, a man in Maryland was sentenced to 21 months in prison for secretly filming two films "28 Weeks Later" and "Enchanted" in theaters.
In Thailand, secret filming and dissemination of theatrical films are considered copyright infringement under Article 27 of the Copyright Law. Violators may be fined 20,000-200,000 baht; if for commercial purposes, the fine increases to 100,000-800,000 baht and/or imprisonment from 6 months to 4 years.
