It's Easy to Do It Right. Here's How.
What is a "Public Performance?"
Suppose you invite a few friends over for dinner and a movie. You buy or rent a movie from the local video store and view the film in your home that night. Have you violated the copyright law by illegally ?publicly performing? the movie? Probably not.
But suppose you took the same movie and showed it to patrons at a club or bar you happen to manage. In this case you have infringed the copyright of the movie. Simply put, movies obtained through a video store are not licensed for exhibition outside of the home. Home video means just that: viewing a movie at home by family or a close circle of friends.
Why is the creative community concerned about such performances?
The concept of "public performance" is central to copyright. If filmmakers, authors, computer programmers and musicians do not retain ownership of their work, then there is little incentive for them to continue creating high-quality products in the future.
The Law says?
The Federal Copyright Act (Title 17 of the U.S. Code) governs how copyrighted materials, such as movies, may be used. Neither the rental nor the purchase of a home video copy of a movie carries with it the right to show the movie outside the home. No additional license is required to view a movie inside the home by family or social acquaintances and in certain narrowly defined face-to-face teaching activities. Taverns, restaurants, private clubs, prisons, lodges, factories, summer camps, public libraries, daycare facilities, parks and recreation departments, churches and non-classroom use at schools and universities are all examples of situations where a public performance license must be obtained. This legal requirement applies regardless of whether an admission fee is charged, whether the institution or organization is commercial or non-profit, or whether a federal or state agency is involved.
Legal Sanctions
"Willful" infringement for commercial or financial gain is a federal crime carrying a maximum sentence of up to five years in jail and/or a $250,000 fine. Even inadvertent infringement is subject to substantial civil damages, ranging from $750 to $30,000 for each work illegally shown.
The Good News? It's Easy to Obtain a Public Performance License?
Obtaining a public performance license is relatively easy and usually requires no more than a phone call. Fees are determined by such factors as the number of times a particular movie is going to be shown, how large the audience will be and so forth. While fees vary, they are generally inexpensive for smaller audiences. Most licensing fees are based on a particular performance or set of performances for specified films. The major firms that handle these licenses include:
Swank Motion Pictures, Inc.
http://www.swank.com
(800) 876-5577
Criterion Pictures
http://www.criterionpicusa.com
(800) 890-9494
Motion Picture Licensing Corporation (MPLC)
http://www.mplc.com
(800) 462-8855
In other specialized markets, such as hotels and motels, many Hollywood studios may handle licensing arrangements directly. |
