It's Easy To Do It Right. Here's How.

What is a Public Performance?
Suppose you invite a few friends over to watch a movie or a TV show that’s no longer available on TV. You buy or rent a DVD or Blue Ray disc from the corner store or a digital video file from an online store and show the film or TV episode in your home that night. Have you violated copyright law by illegally "publicly performing" the movie or show? Of course not.

But suppose you took the same movie or TV episode and showed it to patrons at a club or bar that you happen to manage. In that case, you have infringed the copyright in the video work. Simply put, movies or TV shows obtained through a brick-and-mortar or online store are licensed for your private use; they are not licensed for exhibition to the public.

Why is the Creative Community Concerned About Such Performances?
The concept of "public performance" is central to copyright. If filmmakers, authors, playwrights, musicians and game designers do not retain ownership of their works, then there is little incentive for them to continue creating high-quality works in the future and there is little incentive for others to finance the creation of those works.

The Law
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 copy of a copyrighted work carries with it the right to publicly exhibit the work. No additional license is required to privately view a movie or other copyrighted work with a few friends and family or in certain narrowly defined face-to-face teaching activities. However, bars, 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 of these rules concerning public performances 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. Even inadvertent infringement is subject to substantial civil damages.

It's Easy to Obtain a Public Performance License
Obtaining a public performance license is 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 audiences. Most licensing fees are based on a particular performance or set of performances for specified films. The major firms that handle these licenses include:

Criterion Pictures
www.criterionpicusa.com
(800) 890-9494

Motion Picture Licensing Corporation
www.mplc.com
(800) 462-8855

Swank Motion Pictures, Inc.
www.swank.com
(800) 876-5577

In other specialized markets, such as hotels and motels, many studios choose to handle licensing arrangements directly.