What The Law Says About Showing Movies in Public
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 movie carries with it the right to show the movie publicly outside the home, unless the site where the movie is used is properly licensed for public exhibition.
Ownership of the movie and the right to use it publicly are two separate issues. The copyright holder retains exclusive public performance rights.
This legal copyright compliance requirement applies to businesses, schools, public libraries, daycare facilities, parks, recreation departments, summer camps, churches, private clubs, prisons and lodges, etc.
This legal requirement applies:
- Regardless of whether an admission fee is charged
- Whether the institution or organization is commercial or non-profit
- Whether a federal, state or local agency is involved
What Are “Public Performances”?
The concept of public performance is central to copyright and the main issue of protection for all intellectual property, such as music, books or computer software. For example, you can invite a few friends over for dinner and a movie without violating copyright law. But suppose you took that same movie and showed it to patients at a hospital, passengers on a plane or patrons at a library. This would be an infringement on the copyright of the movie unless the site has a Public Performance License, which covers the royalty payment to the copyright owners.
Simply put, entertainment videocassettes and DVDs that are purchased or rented from retailers are not licensed for public exhibition. “Home video” means just that: viewing at home by a family or close circle of friends.
Why is Copyright Infringement a Concern?
The concept of "Public Performance" is central to copyright and the issue of protection for “intellectual property.” If an author, computer programmer, musician or movie producer does not retain ownership of his or her “work,” there would be little incentive for them to continue and little chance of recouping the enormous investment in time, research and development, much less profits for future endeavors.
How to Obtain a Public Performance License
Businesses can obtain licensed movies from the major studios through Exhibitor Licensing USA, a division of Swank Motion Pictures, Inc. (Tim Swank, Chairman), an exclusive provider of Hollywood movie entertainment.
Copyright Infringers Can be Prosecuted
The Motion Picture Association of America and its member companies are dedicated to stopping film and video piracy in all its forms, including unauthorized public performances, illegal downloading, etc. The motion picture companies can go to court to ensure their copyrights are not violated.
To avoid embarrassing publicity and fines, it is important to comply with U.S. Copyright Law when using movies publicly. If you are uncertain about your responsibilities under copyright law, consult your legal copyright compliance advisor or attorney.