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FILM LICENSING (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 school, church, 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.
Why is Hollywood concerned about such performances?
The concept of "public performance" is central to copyright and the issue of
protection for "intellectual property." 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 research and development, much less profits for future
endeavors.
Unauthorized public performances in the U.S. are estimated to rob the movie
industry of between $1.5-$2 million each year. Unfortunately, unauthorized
public performances are just the tip of the iceberg. The movie studios lose more
than $250 million annually due to pirated movies and several hundred million
more dollars because of illegal satellite and cable TV receptions.
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.
Legal Sanctions
"Willful" infringement for commercial or financial gain is a federal crime carrying
a maximum sentence of up to five years in jail and/or a $250,000 fine. Civil
damages for willful infringement may be as high as $150,000 per work, and even
inadvertent infringers are subject to substantial civil damages, ranging from
$750 to $30,000 for each work illegally shown. The MPAA and its member
companies are dedicated to stopping film and video piracy in all its forms,
including unauthorized public performances. The motion picture companies will
go to court to ensure their copyrights are not violated. For example, lawsuits
have been filed against cruise ships and bus companies for unauthorized
on-board exhibitions. If you are uncertain about your responsibilities under the
copyright law, contact the MPAA, firms that handle public performance licenses
or the studios directly. Avoid the possibility of punitive action.
To Obtain a Public Performance License
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 number of
times a particular movie is going to be shown, how large the audience will be
and so forth. While fees vary, they are generally inexpensive for smaller
performances. Most licensing fees are based on a particular performance or set
of performances for specified films. The major firms that handle these licenses
include:
Swank Motion Pictures, Inc.
www.swank.com
(800) 876-5577
Criterion Pictures
www.criterionpicusa.com
(800) 890-9494
Motion Picture Licensing Corporation (MPLC)
www.mplc.com
(800) 462-8855
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 school, church, 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.
Why is Hollywood concerned about such performances?
The concept of "public performance" is central to copyright and the issue of
protection for "intellectual property." 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 research and development, much less profits for future
endeavors.
Unauthorized public performances in the U.S. are estimated to rob the movie
industry of between $1.5-$2 million each year. Unfortunately, unauthorized
public performances are just the tip of the iceberg. The movie studios lose more
than $250 million annually due to pirated movies and several hundred million
more dollars because of illegal satellite and cable TV receptions.
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.
Legal Sanctions
"Willful" infringement for commercial or financial gain is a federal crime carrying
a maximum sentence of up to five years in jail and/or a $250,000 fine. Civil
damages for willful infringement may be as high as $150,000 per work, and even
inadvertent infringers are subject to substantial civil damages, ranging from
$750 to $30,000 for each work illegally shown. The MPAA and its member
companies are dedicated to stopping film and video piracy in all its forms,
including unauthorized public performances. The motion picture companies will
go to court to ensure their copyrights are not violated. For example, lawsuits
have been filed against cruise ships and bus companies for unauthorized
on-board exhibitions. If you are uncertain about your responsibilities under the
copyright law, contact the MPAA, firms that handle public performance licenses
or the studios directly. Avoid the possibility of punitive action.
To Obtain a Public Performance License
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 number of
times a particular movie is going to be shown, how large the audience will be
and so forth. While fees vary, they are generally inexpensive for smaller
performances. Most licensing fees are based on a particular performance or set
of performances for specified films. The major firms that handle these licenses
include:
Swank Motion Pictures, Inc.
www.swank.com
(800) 876-5577
Criterion Pictures
www.criterionpicusa.com
(800) 890-9494
Motion Picture Licensing Corporation (MPLC)
www.mplc.com
(800) 462-8855
| Showtime Entertainment Inc. 4462 Bretton Ct Suite 9 Acworth, Ga 30101 Phone: 770-917-9901 Email: Showtimeatlanta@aol.com |
With screens ranging from 9ft to 35 ft, Showtime
presents an unforgettable evening of movie
enjoyment! We'll do all the work providing and
setting up the BIG screen, audio and projection
equipment.
Our friendly crew members will remain
onsite to assist you in hosting or managing
your event. All you have to do is select the
movie and relax!
presents an unforgettable evening of movie
enjoyment! We'll do all the work providing and
setting up the BIG screen, audio and projection
equipment.
Our friendly crew members will remain
onsite to assist you in hosting or managing
your event. All you have to do is select the
movie and relax!
