WHAT IS A “PUBLIC PERFORMANCE”?
How many times have you seen the FBI warning at the beginning of a DVD movie. It states that the movie is for “Home Use Only”. Home use means just that… the viewing of a movie at home or your backyard by family or a close circle of friends. In order to show a movie outdoors on a large screen to a viewing audience outside of your own backyard, you must obtain public performance rights.
WHAT THE LAW SAYS
Under the Copyright Act of 1976, all non-private exhibitors of registered copyrighted videos or DVD’s must obtain a Public Performance License “Willful” infgrigement 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.
IF I DON’T CHARGE ADMISSION, DO I STILL NEED A LICENSE?
Yes. Neither the rental, purchase or lending of a video or DVD carries with it the right to exhibit movies outside the home or backyard.
WHAT IF WE ARE A NON-PROFIT ORGANIZATION, CHURCH, OR GOVERNMENT AGENCY? DO WE STILL NEED A LICENSE?
Yes. 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 th e enrolled students att ending.
- The movie is used as an essential part of the core, current curriculum being
- The movie being used is a legitimate copy, not taped from a legitimate copy or taped from the TV
WHAT TYPES OF MOVIES CAN WE SHOW?
You can show most movies that have been released on DVD to the home video market. Consult https://www.swank.com/ or https://www.criterion.com or available movies.
CAN WE CHARGE ADMISSION FEES?
It depends on the details of your event. We recommend that you contact your film licensing rep at Swank or Criterion and explain your situation. Sometimes the cost of the license can change from a flat rate to a percentage of the total gate charges depending on how much you collect.
HOW MUCH IS THE LICENSE ?
It depends on the movie honestly. The fee typically ranges from $200 to $500 depending on many different factors that are always changing. The licensing companies determine fees by such factors as the number of times a particular movie is going to be shown, how large the audience will be, is it outdoor or indoors, etc. Most licensing fees are based on a particular performance or a set of performances for specified films. The fee structure may change if you plan on charging admission for your event.
HOW DO I OBTAIN A LICENSE?
Obtaining a public performance license is relatively easy. Bounce Pro Inflatables can help you with the process but you do NOT pay us for the license. You will pay the Licensing Company direct. As the equipment provider, we are not allowed to legally obtain the license for you, you will be entering into contract directly and pay the licensing company directly. We can walk you through the simple process of ordering the public performance license. There are several major movie licensing firms but we have worked directly in the past with Swank Motion Pictures and Criterion. We have an account representative who can get licensing pricing within just a few minutes. Please contact us directly for more contact and pricing information once you have the movie title in mind you would like to show. You may also contact them directly at (800) 876- 5577 if you would like to use your own direct account executive.
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