Yes, it's illegal to take pictures of a movie at the theaters

Last month, the film adaptation of the popular Broadway musical, “Wicked,” released in theaters, breaking box office records. A viral post online prompts people to share photos they took while watching the movie. “Show ur ‘wicked part 1’ photos,” the post says. 

Although many people are aware that video recording inside the theater is illegal, others replied to the post with photos they took in their local movie theater, sparking a discussion online about whether it’s legal to take those pictures. 

Movie theater chain Alamo Drafthouse responded to the post calling for photos, writing “Or, don't do that.”

THE QUESTION

Is it illegal to take pictures of movies at the theaters?

THE SOURCES

• United States Code 2319B
• Eisner Gorin LLP
• AMC Theaters
• Regal

THE ANSWER

Yes, it is illegal to take pictures of movies at the theaters.

WHAT WE FOUND

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Taking photos of a movie in theaters is illegal under federal copyright laws. Movie theaters also ban the practice.   

United States Code 2319B states that “any person who, without the authorization of the copyright owner, knowingly uses or attempts to use an audiovisual recording device to transmit or make a copy of a motion picture or other audiovisual work protected under title 17, or any part thereof, from a performance of such work in a motion picture exhibition facility” could face up to three years in prison, fines, or both. If it's a subsequent offense, prison time can increase to up to six years. 

Audiovisual recording devices are defined under the law to be “a digital or analog photographic or video camera, or any other technology or device capable of enabling the recording or transmission of a copyrighted motion picture or other audiovisual work.” By that definition, cell phones or any still image camera would be included. 

In addition, the crime is not limited to distributing or sharing illegal work. The very act of taking the picture is in itself illegal. 

While the law “emerged in response to the growing threat of piracy in the digital age,” Eisner Gorin LLP says it “targets the act of recording itself, regardless of whether the recorded content is distributed or used for personal gain.”

Federal law gives theater employees the authority to detain anyone suspected of violating the law. Many movie theaters have outlined in their rules that filming or taking photos during a movie is strictly prohibited. 

For example, Regal’s admittance policy says, “No recording devices (cameras, video recorders, sound recorders, etc.) are permitted to be used within any Regal Entertainment Group facility.”

AMC Theaters has a similar policy, with its code of conduct stating, “In support of federal law, camera use is not permitted in our auditoriums”