| Frequently
Asked Questons
What
is the Federation Against Copyright Theft?
FACT is the UK’s leading trade organisation
established to protect and represent the interests
of the film and broadcasting industry against
copyright and trademark infringements.
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When
was FACT established?
FACT was set up 1983.
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Who
are FACT's Members?
Members include major British and American studios,
television, satellite distribution, media and
production companies, industry associations and
societies.
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What
are Accredited Members?
Due to the increase in film piracy our Member
Companies will now only use companies which have
satisfactory security arrangements in place to
protect their valuable product. FACT accredited
companies automatically satisfy that requirement.
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What
is film piracy?
The word ‘pirate’ originates from
the latin ‘pirata’ meaning ‘to
attack’, which reflects precisely what criminals
are doing to both the film industry and their
communities when they appropriate and reproduce
original films for personal, and often wider,
criminal gain.
Piracy is also referred to
as Copyright Theft, Intellectual Property Crime,
Counterfeiting, Trade Mark/Copyright Abuse. All
of them indicate a criminal activity in the unauthorised,
illegal manufacture, distribution or sale of copied
feature films and other broadcast material.
‘ Film Piracy’
is no different from other counterfeiting activity
such as the trade in counterfeit money, car parts,
clothing, software, power tools and perfumes for
example.
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What
is online piracy?
Online piracy is the distribution/sale of unauthorised
copyrighted material via the internet. This can
take the form of either physical goods (eg DVDs)
being sold through websites and auction houses,
or the sharing of infringing copyrighted material
through sophisticated online methodology such
as FTP, IRC, BitTorrent, P2P and file-sharing
networks.
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Is
DVD Piracy a serious problem?
After the United States of America, the United
Kingdom is the second worst affected market for
DVD piracy. In 2005 FACT seized over 2 million
pirate DVDs and online FACT removed 26,000 items
from sale on auction sites and halted 114 infringing
websites.
For those engaged in this form
of criminal activity, DVD/film piracy is estimated
to be worth over £400 million a year. It
is also estimated to cost the British film, broadcasting
and associated industries billions of pounds a
year in lost revenues and jobs.
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What
is FACT doing about this illegal trade?
2005 was also a year of significant change within
FACT, with a programme of structural change and
investment. Staffing levels have been increased,
with the addition of a team of analytical investigators
and the installation of cutting edge analytical
software which will enhance the targeting of prolific
individuals and networks.
Raising the awareness of the
impact of this type of crime is however critical
to reducing the opportunities for the criminal
to benefit, and FACT have a consistent communications
programme to disseminate the message widely.
FACT continues to work closely
alongside HM Revenue & Customs, police services
across the UK, Trading Standards, Internet Service
Providers, data holding organisations, and other
anti-piracy organisations
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Where
do the pirate DVDs come from?
Historically the majority of films were illegally
recorded in the United States, Canada and the
UK and duplicated on to millions of DVDs in South
East Asia (mainly Malaysia, Pakistan and China)
and imported in to the UK and distributed through
criminal networks. Recently there has been a shift
towards 'homegrown' pirate copies, ie copies created
in the UK using DVD burners and/or PCs. Most of
the pirate DVDs seized in the UK have now been
produced in this way.
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What
are the outlets?
Illegal DVDs have many outlets, including via
some of the UK’s 7,000 legal markets, under
the counter in pubs and clubs and even door-to-door.
Increasingly they are sold within the workplace
and in social circles, and are proliferating online.
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What
is wrong with buying a pirate DVD?
Production and manufacture of pirate DVDs is a
criminal offence; the purchase of these products
sustains this illegal activity and generates proceeds
of crime. FACT continues to witness proceeds from
the sale of pirated DVDs supporting other criminal
activity and leading to the exploitation of vulnerable
persons.
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How
can I tell if it is a fake?
If you have a film title on DVD that has not yet
been released in the UK, if it is not anywhere
in the world in DVD format, or it is currently
on in the cinema*, then it is more than likely
to be a pirate copy. Buying DVDs from a reputable
retailer and shunning ‘new’ DVDs available
from online sites are a few ways of avoiding buying
a pirated DVD, but there are other ways to ensure
you know what you are buying.
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What
is meant by DVD Regional Zones?
DVD
Regional Zones
Here are the current world regions: |
| Region
1 |
USA, US territories and Canada |
| Region
2 |
UK, Europe, Japan, South Africa, Middle East,
Egypt, Greenland |
| Region
3 |
Southeast Asia, East Asia, Hong Kong, Taiwan,
Korea, Philippines, Indonesia |
| Region
4 |
Australia, New Zealand, Pacific Islands, Central
& South America, Mexico, Caribbean |
| Region
5 |
Former Soviet Union, Indian Subcontinent,
Eastern Europe, Africa, North Korea, Mongolia |
| Region
6 |
China |
| Regions
7 & 8 |
Special format for international venues (Planes,
cruise ships etc) |
| Region
0 |
Region “0” (or region all) is
not a format that is distributed in the United
Kingdom by FACT member companies. |
*The likelihood of a mainstream
title being produced in this format is very remote,
and would almost certainly be classed as a pirate.
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How
does this affect you?
When the DVD player was first introduced, the
players themselves would only play a DVD for the
region it was intended for. Players sold in the
UK would only play a region 2 DVD’s. Players
sold in the USA and Canada would only play a region
1 discs.
There are now, however, many
models available that will play all regions, so
you are able to view product from around the globe.
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Is
it illegal to purchase region 1 DVDs? My DVD player
can play DVDs from around the world. Can I play
foreign DVDs?
It is not illegal to purchase other region DVDs.
If you go abroad on holiday or for business you
are perfectly entitled to purchase other zone
DVDs for your personal use, and watch them within
the United Kingdom.
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What
if I buy a DVD over the Internet?
You are allowed to purchase overseas DVDs, as
long as the trading company – the company
you buy it from - does not carry out the transaction
within the United Kingdom.
For example, it is not an offence
to access an American based website and purchase
the product online, as long as the product is
for your personal use, and is not re-sold within
the UK. The point of sale therefore must not take
place in the United Kingdom.
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What
is the current legislation regarding the sale
of foreign DVDs?
This can be confusing. In a complex area, it is
safe to say that the sale of foreign DVDs could
be allowed, but the trader must ensure that the
product complies with the guidelines as laid down
by the British Board of Film Censorship (BBFC).
The following passage is taken
directly from the BBFC website www.bbfc.co.uk
“ A foreign DVD offered
for sale in the UK is likely to be illegal under
the Video Recordings Act 1983 unless its content
(including any additional material) has been classified
by the BBFC.
“ The DVD must also be
labelled in accordance with Video Recordings (Labelling)
Regulations 1985 & 1998 (including the unique
registration number). You would also be advised
to contact FACT to ensure that there are no copyright
issues.”
It is highly unlikely that
a DVD title that has not had a United Kingdom
release would comply with the above.
In selling such a product,
the trader would be infringing both the Video
Recordings Act 1983, and the Video Recordings
(Labelling) Regulations 1985.
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Can
a foreign DVD that does not comply with the above
be purchased in the United Kingdom?
You are allowed to purchase overseas DVDs, as
long as the trading company does not carry out
the transaction within the United Kingdom.
For example, it is not an offence
to access an American based website and purchase
the product online, as long as the product is
for the your personal use, and is not re-sold
within the UK. The point of sale therefore must
not take place in the United Kingdom.
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It
is only a DVD, why does it matter?
It is a misconception that DVD piracy is a soft,
or victimless crime. By purchasing pirated DVDs,
you could be unwittingly helping to fund criminals
with links to other forms of serious criminality,
such as people smuggling, drugs, guns and money
laundering. At the very least purchasers of pirated
DVDs are supporting an illegal activity.
FACT considers DVD piracy to
be a lucrative part of wider criminal activity
involving all kinds of crimes including drug dealers, people
smugglers, firearms offences, paedophilia and benefit fraud. Are you happy to contribute
to this activity?
DVD piracy has become the criminal’s
preferred crime of choice, given that it is relatively
straightforward and financially rewarding and
funds other activities.
Children between the ages of
12 and 15 are often used to front the point of
sale. In other words, they handle cash and stolen
DVDs for others at markets and car boot sales,
an activity that has become commonplace in the
UK piracy scene. This cynical exploitation by
organisers of young people is there to minimise
the adult’s risk of being detected and prosecuted.
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What
are the penalites?
While it is not an offence to buy pirated DVDs,
the production, distribution and sale of pirated
DVDs is a criminal offence and those found guilty
can be punished by a maximum 10 years imprisonment
and/or an unlimited fine in the Crown Court, and
a maximum of £5,000 and/or six months imprisonment
in the magistrates court.
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If
I buy a legitimate film over the Internet or from
a shop, am I able to show films to a group of
people even if I don't charge for it?
Yes, but you have to be licensed for a public
performance. Failure to obtain a licence constitutes
an offence under copyright.
You can get more detailed information from the
Motion Picture
Licensing Company and Filmbank
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Do
I need a license to set up my own video rental
store?
No, but all rental product must be purchased from
a reputable dealer in retail distribution. The
cost is more than a retail copy.
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