- Issues and Actions - http://issuesandactions.hopeforfilm.com/ -

When Do They Need A License To Screen A Film?

Posted By Ted Hope On January 23, 2013 @ 11:00 am In Issues and Actions | 1 Comment

The other week I tweeted:

Any time a film is shown outside a person’s personal home, the screening is considered “public”& u must license the rights.

I expected not much of a response, but it got some retweets & favs.  I fell into this subject courtesy of the Art House Convergence google group (always a fountain of information!).  My tweet was abbreviated from IFC’s contractual license language:

Any time a film is shown outside a person’s personal home, the screening is considered “public”. It does not matter if admission is charged or if the entity screening the film is a non-profit organization, school, or library. If the film is being shown outside the home, it is considered “public” and it is necessary to license the rights for such a showing.

However, this does not seem to be the whole picture.  The AHC conversation continued and it was sourced that Title 17 of USC (United States Code), section 110, states:

§ 110 . Limitations on exclusive rights: Exemption of certain performances and displays

Notwithstanding the provisions of section 106, [1] the following are not infringements of copyright:

(1) performance or display of a work by instructors or pupils in the course of face-to-face teaching activities of a nonprofit educational institution, in a classroom or similar place devoted to instruction, unless, in the case of a motion picture or other audiovisual work, the performance, or the display of individual images, is given by means of a copy that was not lawfully made under this title, and that the person responsible for the performance knew or had reason to believe was not lawfully made;

If anyone would like to read, the entirety of copyright law (it’s riveting stuff), you can here:

http://www.copyright.gov/title17/ [2]

 (courtesy of Dr. Eric Faden, Associate Professor of English and Film/Media Studies, Bucknell University).
So if you want to show a film in a pub, get a license.  But if you are a not-for-profit educational institution and providing face-to-face instruction, you are in the clear.

Tweet [3]


1 Comment (Open | Close)

1 Comment To "When Do They Need A License To Screen A Film?"

#1 Comment By Lisa Kirazian On August 24, 2015 @ 4:18 pm

Hi Ted. Do you have a sample licensing agreement for a film to be shown? Or can you refer me to a site? I’ve found many other film related contracts but not that one. Thanks.

Article printed from Issues and Actions: http://issuesandactions.hopeforfilm.com/

URL to article: http://issuesandactions.hopeforfilm.com/2013/01/when-do-they-need-a-license-to-screen-a-film.html

URLs in this post:

[1] section 106,: http://www.copyright.gov/title17/92chap1.html#106

[2] http://www.copyright.gov/title17/: http://www.copyright.gov/title17/

[3] Tweet: http://twitter.com/share?via=&count=horizontal&related=mohanjith%3AS%20H%20Mohanjith&lang=en&url=http%3A%2F%2Fissuesandactions.hopeforfilm.com%2F2013%2F01%2Fwhen-do-they-need-a-license-to-screen-a-film.html&text=When%20Do%20They%20Need%20A%20License%20To%20Screen%20A%20Film%3F

[4] Image: http://pinterest.com/pin/create/button/?url=http%3A%2F%2Fissuesandactions.hopeforfilm.com%2F2013%2F01%2Fwhen-do-they-need-a-license-to-screen-a-film.html&media=&description=When%20Do%20They%20Need%20A%20License%20To%20Screen%20A%20Film%3F

Copyright © 2010 Hope For Film. All rights reserved.