Has anyone ever obtained a license to show a movie publicly?

[Rupert B Puppenstein]

Our HOA wants to have a movie night outdoors and I found out that legally we really want to obtain a license to do the right thing. I found that Swank Motion Pictures does this but they are very vague about the cost...

Has anyone ever done this? Any ideas about the costs associated with this? Anyone ever had an outdoor movie night in their neighborhood? Any tips for the event? I am considering providing little bags of popcorn and Kool-Aid or Soft Drinks and maybe charging a couple dollars to help defray the costs of the license (if it is expensive).

Thanks!

 

[bicker]

I wish I could help, but my experience doing that was over thirty years ago. Assuming my memory was good enough to remember the details, I'm sure they're obsolete by now anyway.

However, I am interested in the answers, to see how things have changed over the years.

 

[java]

Are you talking about showing a DVD or trying to show a current movie?
I wouldn't think you need a license to show the dvd UNLESS you are charging for the viewing.
Interesting. I am curious to see if this does require a license.

 

[akhenaten]

Never done it... got this from a university website, maybe it can help. Price depends on what movie... where you will show it ... if you need them to supply a copy of the movie..etc.

How can I get permission?
Getting permission for showing most films is fairly simple. For some rare or international films, it may prove to be a bit trickier. However, there are resources on campus to help you if you should have problems. Most “mainstream” films that are distributed for non-commercial use (which is what most campus showings would be) come from one of two main distributors, or you can search for the proper source:

SWANK Motion Pictures, Incorporated – the web site for this company is www.swank.com, and the phone number is 1-800-876-5577. The list of films they distribute is on their web page, but they add new films everyday.

Criterion –They are the other big distributor. Their web site is www.criterionpic.com, and their phone number is 1-800-890-9494.

Conduct a web search – a good place to start is www.imdb.com, the Internet Movie Database. Simply go to the site, type your film in the search area on the left, and choose the correct film out of the results. Once you choose your film, go to the “Company Credits” and look up “distribution.”
If you STILL can’t find out who distributes the film, you can call (310) 247-3020, to the Reference Library of the Motion Picture Academy.
.
What is a film distributor going to ask me?
Your name, and the name of the organization you are working with
How you intend to show the film (advertise all over campus vs. to a small group, whether you are charging, what kind of venue you are showing the film in)
If there is a charge, how your organization will pay for the rights to show the movie.
Contact information for you organization
Whether or not you need them to send you a copy of the film
Is this going to cost money?
It might. The only way for you to determine this is to call the distributor, explain under what context the film will be shown, and see what they can do for you. If there is a fee, it will matter whether or not you are charging for the showing, how many people you expect, whether or not you need a copy of the film sent to you, and how often you show films. Have all the information handy about your event when you speak with the film’s distributor.

After I have obtained permission, what “proof” does the Union need to see?
Once you have obtained the rights, you will receive a written record of your permission to show the film. This is commonly called a “confirmation.” If you are being charged, an invoice will follow this confirmation once you show the film. Confirmations can come via the mail, or via email, and will have the film, the date(s) you have permission to show the film, the contact information of your representative from the distribution company, and the format you requested the film in (if the film is being sent to you), and other pertinent information. If a distribution company is unable to provide a confirmation, they should send you a letter or via e-mail that certifies that you have legally obtained the rights to show the film. This should be on letterhead with all contact information of the distributor available.

 

[bicker]

You surely do need a license to publicly show any movie or television show - any copyrighted work. The only legal means of publicly displaying any copyrighted work, for profit or non-profit, is by getting a license (or having one automatically granted, as it the case for certain programming, such as "Cable in the Classroom" and other E|I programming).

DVDs are sold solely for home use, so you cannot even get a license to publicly show DVDs. It is, unequivocally, illegal, regardless of how many people do it and get away with it because enforcement is so impotent. Even our town, which shows movies on Friday nights on the common, must secure licenses.

There are a few exclusions in the law, such as religious events (not simply religious organizations - but rather actual religious services or other events that are well-established reflections of the religion's expression, only). In addition, libraries have certain rights with regard to video presentations that protect them in the case of several people watching the same video from the library collection.

I may not know how to get the licenses anymore, but I do know that they are absolutely required.

 

[nana2tots]

We have movie nights, DVD at our house all summer, why would you need a permit? Guess i'm kinda lost................
and yes, that's outdoor movie nights

 

[nana2tots]

I have never ever heard of a Law that says i cannot watch a movie sitting in my back yard....................

 

[NEVERENOUGHWDW]

Is it in your back yard or on a community piece of land?

If it's a community piece of land it's so the town is not liable in anyway if some gets hurt etc.

In our town we have to get a permit for block parties, yard sales etc. Plus the town also gets paid a fee.

 

[agnes!]

Is it in your back yard or on a community piece of land?

If it's a community piece of land it's so the town is not liable in anyway if some gets hurt etc.

In our town we have to get a permit for block parties, yard sales etc. Plus the town also gets paid a fee.

I think you're mixing apples and oranges here. The OP was referring to getting permission or paying a public-showing fee to the film's owners/producers. You're referring to a local permit that a person or group would get from the city/village/county for a large-group gathering.

nana2tots - I don't think watching a movie with family-members on your own property would be considered 'showing a movie publicly'. For instance, maybe your church is planning on having a Movie Night in their fellowship hall with, let's say, some fairly-recent or well-known movie?, then that is different...there is an expectation that a large group/the public will be attending. One copy of the movie is bought and will be shared with a large group without any compensation to the producers of the content (for the loss of possible income from everyone buying their own copy).
At least that's the way I understand it.

Everybody has to also keep in mind that a lot of people put money into movies and a lot of people work on them...when a town or entity shows a movie in public, whether it's a village having a movie night on the town-green or a bar having a large-screen TV and having "Guys' Movies", *someone* made the product that other people are getting a benefit from. The product just happens to be entertainment so folks have a tendency to be a little sloppy about the rights (performance, copyright, etc.) sometimes. And sometimes we all seem to think we have a right to be entertained.

agnes!

 

[Geoff_M]

I have never ever heard of a Law that says i cannot watch a movie sitting in my back yard....................

I don't believe that there is an absolute "indoors" vs "outdoor" rule. The difference is "private" viewing vs. "public". In the OPs case, it appears that the home owners' association wants to have a neighborhood movie night where the "public" would be invited. They'd clearly need a license to avoid possible civil action from the copyright holder of the movie. There are no clear cut rules, but I think most courts wouldn't rule against a family and a few friends watching a DVD projected onto the side of a house as a "public" viewing in and of itself.

But this post brings up the fact that most people don't realize that there are a lot of limitations on what you can do with a $9.99 DVD of a movie. The next time you board a bus that has TV monitors and an on-board DVD/VCR player, if you look you'll likely see a license sticker by the door or driver's side window that states that the bus is licensed to show movies to passengers. This is similar to a blanket ASCAP license that allows businesses to play music (even off of the radio) in their establishment. The blanket license payment allows the bus company to legally show movies and other copyrighted materials using the same pre-recorded VHS tapes and DVDs we use at home.

There are also limitations on showing things found on broadcast TV. In past years the NFL has cracked down on large "Superbowl Parties" in church (usually concentrating in the towns of the participating teams) and similar events. Just avoiding using the trademarked "Superbowl" in the name of the event isn't enough to offer legal protection. There are actual legal limits on the size of the TVs (55 inches), and numbers of TVs used, at such out-of-home parties that allow the rights holder to sue you if you violate. In addition, asking people to bring a snack to donate to the party, asked for a charitable donation to cover the cost of the food, or any other such thing can automatically land a church in legal trouble with the NFL (though in recent years the NFL has backed off their right to enforce that right with church that do so).

 

[tlbwriter]

Explanation of the law here:
http://www.swank.com/college/copyright.html

 

[bicker]

We have movie nights, DVD at our house all summer, why would you need a permit?

Because the right to present the movie to others is not included in the price you paid for the DVD. As long as it is presented within the confines of your own home(stead), isn't an "audience" but rather just a group of friends getting together, then no one is going to come after you - don't worry.

 

[bicker]

For instance, maybe your church is planning on having a Movie Night in their fellowship hall with, let's say, some fairly-recent or well-known movie?, then that is different...there is an expectation that a large group/the public will be attending. One copy of the movie is bought and will be shared with a large group without any compensation to the producers of the content (for the loss of possible income from everyone buying their own copy).
At least that's the way I understand it.

And this is really where the "it depends" comes into play. If the movie is for fellowship (or fund raising, or even if money is collected just to cover the rental cost of the film or its exhibition), then you need a license. If the movie is something that touches on religious issues, and there is a discussion of the implications of the movie afterward, perhaps, then that is protected (no license is needed).

Everybody has to also keep in mind that a lot of people put money into movies and a lot of people work on them...when a town or entity shows a movie in public, whether it's a village having a movie night on the town-green or a bar having a large-screen TV and having "Guys' Movies", *someone* made the product that other people are getting a benefit from. The product just happens to be entertainment so folks have a tendency to be a little sloppy about the rights (performance, copyright, etc.) sometimes. And sometimes we all seem to think we have a right to be entertained.

Yes, good point. Everyone owes it to the people who entertain them to pay for that entertainment, if they feel the price is worthwhile, or decline the offer and not partake of the entertainment. It isn't right to unilaterally decide to take more than is offered, just because you can get away with it.

 

[scrapquitler]

I have never ever heard of a Law that says i cannot watch a movie sitting in my back yard....................

A public showing is a different thing than if your family is watching. You can't buy a DVD and show it in the middle of downtown as part of a town wide block party (or a HOA gathering, as the OP is planning).

 

[ZuZugal]

a friend of mine does pr at a local community college. when they hold "movie nights" for the public they have to get some sort of a permit and pay a fee. Last time it was a Disney movie and she said the school's cost was $600.

 

[Andtototoo]

Yes, I have done gotten licensing to publicly play movies. The fees vary by distributor/producer.

The idea that a religious discussion somehow negates licensing fees is utterly false. In fact there is a whole licensing network -- Christian Video Licensing Inc -- which exists to help facilitate the licensing of films for religious purposes and that service is most certainly not free. (It is an off-shoot of CCLI -- Christian Copyright Licensing -- which handles music.) I did a religious conference and the movie, Crash, was shown for the sole purpose of discussion. Crash was not part of CVLI and I had to deal directly with the producer's company and pay a fee of a few hundred dollars depending upon the number of people expected to attend (less than the cost of seeing it in the movie theater, but not by much).

 

[goofy!]

Are you talking about showing a DVD or trying to show a current movie?
I wouldn't think you need a license to show the dvd UNLESS you are charging for the viewing.
Interesting. I am curious to see if this does require a license.

You absolutely need a license to show to a group.

In the elementary school I work at, we cannot put on a Disney movie for a class right now due to our Disney license being expired.

We were having indoor recess the other day and we were going to pop in a DVD for the kindergartners. Librarian said absolutely NO Disney movies (even the ancient VHS ones) due to not having a current license.

 

[jlewisinsyr]

Working on doing a public movie screening right now with Swank. Most movies are around $250.00 for a non-theatrical one time performance with the exception of Disney, which tends to be higher (with more restrictions).

 

[goofy!]

a friend of mine does pr at a local community college. when they hold "movie nights" for the public they have to get some sort of a permit and pay a fee. Last time it was a Disney movie and she said the school's cost was $600.

Yup, I was told that the Disney license to show movies to a group is rather expensive. Which is why our little Title1 school has not renewed theirs yet.

So, no Disney movies for our kids during downtime until the economy improves.

 

[Rupert B Puppenstein]

Thanks Everyone! I ended up talking to the licensing companies a lot yesterday and received so much information!

I found out that MPLC provides an umbrella license which allows the group to show movies for a year for around $400 - but the caveat is that regardless of if it is indoors or outdoors that it is not open to the general public just community members, needs to be in an area that is only accessible to those members and their guests, cannot be advertised which works hand in hand with not being able to charge admission for the viewing. This includes Disney movies. Regardless of licensing group, no Disney movie can be used for fundraising purposes.

Now if you want a larger event that is open to the public for which you can charge admission (and the fees therefore take that into consideration so the fee is based on ticket sales) and they actually provide the film in various formats for a set date showing, then you go through swank which is around the costs that a previous poster mentioned - but they are per movie which can get pretty expensive if you want a series. But, if you can charge admission to recoup the costs, it could be well worth it.

It isn't nearly as complicated as you would think...but in this age of film distributors dealing with fraud and losing money that they are entitled to, you are breaking the law if you do not get a license. It is not complicated at all, just requires filling out a form or two and you are good to go. City permits are completely separate but in the case of my neighborhood, this is our park so that doesn't come into play, thankfully!

I hope more people get licenses like they should after this. Disney has a lot of great attorneys as does the Motion Picture Industry and it just takes a quick look at the warning message given at the beginning of the DVD to see what you could face by not following these simple rules. It is all about doing the right thing.