| FILM & COPYRIGHT INFRINGEMENT BY UNLICENSED PUBLIC PERFORMANCE
What the Law Says
The
Federal Copyright Act (Title 17, United States Code, Public Law 94-553,
90 Stat. 2541) governs how copyrighted materials, such as movies, may
be used. Neither the rental nor the purchase or loan of a
videocassette or DVD carries with it the right to show the movie
outside the home, unless the site is properly licensed for public
performance exhibitions.
This legal copyright compliance
requirement applies to hospitals, daycare facilities, restaurants,
private clubs, prisons, summer camps, public schools, public libraries,
colleges and universities, cruise ships, parks and recreation
departments, churches, businesses, etc. regardless of whether an
admission fee is charged, whether the institution or organization is
commercial or non-profit, or 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 Site License which covers their 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 Important?
Most
of the persons participating in a movie production depend upon
royalties for their payment for work performed. If a movie producer,
author, computer programmer or musician 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 of their creations, much less profits for
future endeavors. Unauthorized public performances in the U.S. are
estimated to cost the motion picture industry millions of dollars each
year.
Exceptions to the Law
In some instances, no
Public Performance Site License is required to view an entertainment
videocassette or DVD, such as inside the home by a family and its
social acquaintances and in certain narrowly defined face-to-face
teaching activities at educational institutions (the “educational
exemption”).
How to Obtain a Public Performance Site License
Hospitals
can obtain licensed movies from the major studios through Swank
HealthCare, a Division of Swank Motion Pictures, Inc. (Tim Swank, Chairman) and an exclusive provider of Hollywood movie entertainment.
Copyright Infringers Can Be Prosecuted – Consult Your Legal Advisor
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 and illegal downloading. The motion
picture companies can go to court to ensure their copyrights are not
violated.
To avoid the possibility of embarrassing publicity and
costly fines, consult your legal advisor if you are uncertain about
your responsibilities under copyright law.
|