4.14 : Movie Viewing, Distribution, and Copyright Policy
Whenever we buy, rent, or borrow a DVD or videotape of a movie (or any other audiovisual work) made by someone else, we are likely to think that we can use it as we choose. Copyright law controls our ability to use and display the movie because we have only obtained the copy and not the underlying copyright rights to the work itself. Legally, any showing of this movie is regarded as a “performance” of a dramatic work, whether it’s being shown to a small group of friends or to a large group in a campus classroom.
What this means is that there are several questions which must be answered so that we’re certain we’re complying with federal law.
Please refer to the below attached flowchart for a simplified version of the decision process:
1. Is this movie showing a “private” or “public” performance?
a. Showing the movie to members of your family or a small group of friends is regarded as a private performance. A private performance, such as showing a video to a small group in a residence hall room, is permissible and does not violate the rights of the copyright owner
b. A performance is public if the movie is being shown to people other than family members or a small group of friends, or if it is being shown in a place that is open to people other than family members or a small group of friends or is being advertised in any way (either by name or not). Showing a movie in a residence hall lounge or campus classroom is a public performance if it is open to more than a small group of friends. This gathering may infringe on the copyright owner’s rights unless you have
purchased public performance rights (PPR) from the copyright owner, or there is some applicable exception to the PPR requirement.
c. Anyone needing to secure Public Performance Rights (PPR) should contact Associate Dean of Campus Activities for assistance; see below for more information about obtaining PPR. The University’s library collection may include videos or DVDs marked “PPR” which may be used for public performances. The University’s licensing agreements for its videos and DVDs permit their use only in face--to--face classroom instruction. Any other uses, such as showing at conferences or campus--wide events, will necessitate obtaining public performance rights from the distributor or copyright holder. In checking out a video or DVD, the borrower assumes responsibility for using it in accordance with the University’s licensing agreements and U.S. copyright law.
2. Is there an exception which will allow showing the movie without PPR?
a. If your showing conforms the definition of a public performance, you can show it without PPR if either of the following exceptions applies:
i. The movie will be shown by an instructor (including an RD acting in his/her role as an educator) during face--to--face teaching activities in a classroom or similar place devoted to instruction. The showing must be for instructional purposes (not for recreation, entertainment, or general cultural value) with the instructor or a student leader personally present. Typically, the movie must directly relate to a course’s curricular goals as described in the course syllabus. A showing by an RD should include an introduction and discussion of the movie. The copy of the movie being shown must have been lawfully made. A legal copy purchased or rented from a store or distributor or borrowed from a library may be used. A movie taped or recorded from television or copied without permission may not be used.
ii. The movie you will be showing is in the “public domain.” Generally, this means that no person or organization has any proprietary interest such as a copyright or that any copyright to the movie has expired. Even movies which are quite old may still be protected by copyright. It’s often difficult to determine whether a film is in the public domain, but helpful information is found at:
i. http://www.desertislandfilms.com/
ii. http://emol.org/movies/freemovielist.html
iii. http://www.moviesfoundonline.com/public_domain.php
iv. http://movies.magnify.net/
v. http://www.openflix.com/
vi. http://www.fesfilms.com/masters.html
No copyrighted material may be shown on campus (in a non-curricular fashion) without obtaining Public Performance Rights or the copyrighted material meets all statements laid out in Title 17 Section 110 of the US Code. In addition, there is no such clause of a general “non-profit”, “educational”, or “free of charge” exception to the US copyright law. This means if copyrighted material is to be performed outside of a ‘classroom setting’ with or without specific educational purposes the presentation needs to have Public Performance Rights granted for that performance. Finally, it is important to realize even if a piece of media does not contain a copyright statement it could still be considered protected under copyright law. No admission fee may be charged for a movie showing nor may the movie showing be publicized to the general campus unless public performance rights have been secured.
Before an event is scheduled, campus departments and recognized student organizations will need to provide a description of any public video/film screenings that are to occur at the event (please provide at least two weeks). The cost will be several hundred dollars based on the number of people viewing the film, the location, advertisements, etc.
Information on which films may need a license please check the following websites for listings:
1. Swank MP: Swank.com (Most Hollywood studio releases)
2. Criterionco.com
3. Janusfilms.com (Foreign & American classics)
4. Filmmovement: Filmmovement.com (Int’l film festival favorites)
5. Kino: Kino.com (Classics and Indie releases)
6. New Yorker Films: Newyorkerfilms.com (Foreign & Indie releases)
7. Sony Classics
8. Zeitgeist Films: Zeitgeistfilms.com (Foreign & Indie Releases)
9. Motion Picture Licensing Corporation: www.mplc.com
If a movie is not available from one of these companies, permission may sometimes be granted directly from the copyright holder. The movie’s website or the package that contains the movie will indicate the copyright holder. In most cases, this will be the movie studio.