Public Performance License

WHAT IS A "PUBLIC PERFORMANCE"?

Suppose you invite a few personal friends over for dinner and a movie. You purchase or rent a copy of 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 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. Home video means just that: viewing of a movie at home by family or a close circle of friends.

WHAT 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 movie carries with it the right to show the movie outside the home. In some instances no license is required to view a movie, such as 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.

IF I DON'T CHARGE ADMISSION, DO I STILL NEED A LICENSE?

Yes. Copyright laws apply whether or not admission is charged.

I OWN THE MOVIE. DO I STILL NEED A LICENSE TO SHOW IT OUTSIDE OF MY HOME?

Yes. Neither the rental, purchase or lending of a video or DVD carries with it the right to exhibit movies outside the home.

ARE NON-PROFIT ORGANIZATIONS, CHURCHES OR GOVERNMENT AGENCIES EXEMPT?

No. Copyright laws apply to all viewings of movies that take place outside of the privacy of a home, regardless of the organization holding the event.

ARE SCHOOLS EXEMPT FROM OBTAINING A LICENSE

The Educational Exemption, also called the "face-to-face teaching exemption," is a precise activity which allows the legal use of movies in certain types of teaching. In order for a movie to be considered an "Educational Exemption," all criteria must be met:

• A teacher or instructor is present.
• The showing takes place in a classroom setting with only the enrolled students attending.
• The movie is used as an essential part of the core, current curriculum being taught.
• The movie being used is a legitimate copy, not taped from a legitimate copy or taped from TV.

TO OBTAIN A PUBLIC LICENSE

Blazing Star Cinema will assist you with the process but in general 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 movie title, movie studio, and audience size as well as weather or not your audience will be charge for admission. The major firms that handle these licenses include: