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Michael Geist - ACTA Negotiations, Day Two: What's On Tap.
- extend criminal enforcement to both (1) cases of a commercial nature; and (2) cases involving significant willful copyright and trademark infringement even where there is no direct or indirect motivation of financial gain. In other words, non-commercial infringement could lead to criminal penalties
- each country would be required to establish a laundry list of penalties - including imprisonment - sufficient to deter future acts of infringement. The specific proposed language was "include sentences of imprisonment as well as monetary fines sufficiently high to provide a deterrent to future acts of infringement, consistent with a policy of removing the monetary incentive of the infringer."
- Criminalization of unauthorized camcording:
Each Party shall provide for criminal procedures and penalties to be applied against any person who, without authorization of the holder of copyright or related rights in a motion picture or other audiovisual work, knowingly uses an audiovisual recording device to transmit or make a copy of 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.
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