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Is using a clip from a movie for a school project allowed by law?...

Is using a clip from a movie for a school project allowed by law?
"My friend told me about her intention to record a video clip of a movie that she really wanted for her project in videography. Although I am fully aware that video recording of a movie in the cinemas are banned, I would like to know if the same prohibition applies even if it is just a clip of the movie that will be used for a school project. I would also like to know the possible penalties if the same is prohibited by law. Thank you very much,Rebecca Dear Rebecca,The answer to your concern can be found in Republic Act 10088 (otherwise known as the Anti-Camcording Act of 2010), particularly in Section 3, which provides that it shall be unlawful for any person to use or attempt to use an audiovisual recording device to transmit or make a copy of any performance in an exhibition facility of such cinematographic film, or any part thereof, without the authorization of the copyright owner or exclusive licensee. The said provision is quoted below: “Section 3. Acts Constituting Unauthorized Possession, Use and/or Control of Audiovisual Recording Devices. - It shall be unlawful for any person, at a time when copyright subsists in a cinematographic film or other audiovisual work or its soundtrack and without the authorization of the copyright owner or exclusive licensee thereof, to:(a) use or attempt to use an audiovisual recording device to transmit or make a copy of any performance in an exhibition facility of such cinematographic film or other audiovisual work or its soundtrack, or any part thereof (b) have in his/her possession, an audiovisual recording device in an exhibition facility, with the intent of using or attempts to use the audiovisual recording device to transmit or make a copy of any performance in the exhibition facility of such cinematographic film or other audiovisual work or its soundtrack, or any part thereof or(c) aid, abet or connive in the commission of the acts prohibited under this section.” (Emphasis supplied)As clearly provided in the aforementioned law, the prohibition is not only limited to the reproduction of the whole cinematographic film, but it also includes the mere copying of a part of the said cinematographic film, if the same is not authorized by the copyright owner or exclusive licensee. Even considering that the intention of your friend is to use the same for her project in videography, the same is still not valid or acceptable as provided in Section 6 of the abovementioned law, to wit:“Section 6. No Defense on Account of Use for Private or Domestic Purposes. - It shall not be a defense that the transmission or making of the copy of the cinematographic film or other audiovisual work or its soundtrack, or any part thereof, was for private or domestic purposes or in connection with a fair use deal.” (Emphasis supplied) Section 4 of the aforementioned law provides the specific penalties for violation of said law.“Section 4. Penalties. - A person who will be found guilty of violating the provisions of Section 3 shall be subject to a fine of Fifty thousand pesos (P50,000) but not exceeding Seven hundred fifty thousand pesos (P750,000) and imprisonment of six (6) months and one (1) day to six (6) years and one (1) day.If the purpose of the commission of the abovementioned acts is the sale, rental or other commercial distribution of a copy of the cinematographic or audiovisual work or its soundtrack, or any part thereof, the penalty shall be imposed in the maximum.If the offender is an alien, said person shall immediately be deported after payment of the fine and after serving his/her sentence. He/She shall thereafter be refused entry into the Philippines.If the offender is a government official or employee, the penalty shall include perpetual disqualification from public office and forfeiture of his/her right to vote and participate in any public election for a period of five (5) years.” (Emphasis supplied)We find it necessary to mention that this opinion was solely based on the facts you have narrated and our appreciation of the same. The opinion may vary when the facts are changed or elaborated. We hope that we were able to enlighten you on the matter.Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to ."
 

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"Is using a clip from a movie for a school project allowed by law?" was written by Mary under the Legal Advice category. It has been read 139 times and generated 0 comments. The article was created on and updated on 15 September 2021.
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