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

[golfgal]

Are you saying you think the law is wrong, or are you saying you think this isn't what the law actually says?

I don't think the law says that if I have a private party anywhere on my OWN property with people I invite over for an evening that I need a permit if we want to have a "drive-in" movie in my back yard. If I were holding this movie in a park in our development and sent out fliers to everyone in the neighborhood, that would be different, but inviting friends and family over for a BBQ and a movie, no, I do not think that is what the law intended.

 

[Geoff_M]

I don't think the law says that if I have a private party anywhere on my OWN property with people I invite over for an evening that I need a permit if we want to have a "drive-in" movie in my back yard. If I were holding this movie in a park in our development and sent out fliers to everyone in the neighborhood, that would be different, but inviting friends and family over for a BBQ and a movie, no, I do not think that is what the law intended.

Copyright law often times doesn't offer the types of specifics you are looking for. Instead it frequently lists factors that are to be considered by a judge when considering a possible violation of copyright protection. There is no law that states that 49 "friends" watching a movie at your house is OK, but 50 is a no-no. What the courts will weigh is whether a viewing is a "private" or "public" event. One thing that case history makes perfectly clear is that whether a showing happens on private or public property is not the primary factor in making that determination. "Public" events can happen on private property and "private" events can happen on public property.

It's acknowledged that a private showing can extend to "social acquaintances"... but at some point a court would be likely to conclude that the size of such a showing would be taking things too far. But that'd be for a court to determine.

Is there a law on the books that I can't pass my books around from one friend to another??? No different in my eyes then inviting 50 people over to watch a movie in my backyard--I can't honestly believe that I REALLY need a permit to do that...

That's a very imperfect analogy. You can share a DVD just like you can share a book. Likewise, you are also limited in mass performances of written material. You can go to a book store and purchase a copy of Thornton Wilders "Our Town", but if you want to perform a dramatic reading of the work to an audience (paying or otherwise, public or private property) and Samuel French, Inc. finds out about it, they'll demand a $100 per performance license fee. Likewise, even reading a book out loud in a public setting is also a prima facie copyright violation by today's standards. So the law is consistent regardless of whether the work is written or visual.

 

[golfgal]

Copyright law often times doesn't offer the types of specifics you are looking for. Instead it frequently lists factors that are to be considered by a judge when considering a possible violation of copyright protection. There is no law that states that 49 "friends" watching a movie at your house is OK, but 50 is a no-no. What the courts will weigh is whether a viewing is a "private" or "public" event. One thing that case history makes perfectly clear is that whether a showing happens on private or public property is not the primary factor in making that determination. "Public" events can happen on private property and "private" events can happen on public property.

It's acknowledged that a private showing can extend to "social acquaintances"... but at some point a court would be likely to conclude that the size of such a showing would be taking things too far. But that'd be for a court to determine.

That's a very imperfect analogy. You can share a DVD just like you can share a book. Likewise, you are also limited in mass performances of written material. You can go to a book store and purchase a copy of Thornton Wilders "Our Town", but if you want to perform a dramatic reading of the work to an audience (paying or otherwise, public or private property) and Samuel French, Inc. finds out about it, they'll demand a $100 per performance license fee. Likewise, even reading a book out loud in a public setting is also a prima facie copyright violation by today's standards. So the law is consistent regardless of whether the work is written or visual.

What does the Law say?
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 home video copy of a movie carries with it the right to show the movie outside the home. No additional license is required to view a movie 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.

The bolded is the line I am questioning--I don't think they mean if you step into your own back yard that you all of the sudden have to get a permit--I think "your home" would include your own yard. If I moved down the street to the park, that would be "outside my own home".

For the book analogy--ok, so I have 50 people over in my back yard and READ them the book-that would be pretty much the same as having 50 people in my back yard to watch a movie....

 

[tlbwriter]

What does the Law say?
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 home video copy of a movie carries with it the right to show the movie outside the home. No additional license is required to view a movie 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.

The bolded is the line I am questioning--I don't think they mean if you step into your own back yard that you all of the sudden have to get a permit--I think "your home" would include your own yard. If I moved down the street to the park, that would be "outside my own home".

As Geoff said in his previous post, the venue isn't the deciding factor.

 

[DWGal210]

OP - I have a business contact over at Swank. Did you want me to reach out to her & ask? You can PM me the details & I'll ask her.

 

[Geoff_M]

The bolded is the line I am questioning--I don't think they mean if you step into your own back yard that you all of the sudden have to get a permit--I think "your home" would include your own yard. If I moved down the street to the park, that would be "outside my own home".

In that response, "outside the home" is not a literal term meaning "outside the walls of your house"... it means private personal "home" viewing. Likewise, saying a parent works "outside the home" doesn't have anything to do with working in their backyard. The bottom line is that the DVDs we buy in stores are only licensed for us to view amongst our families and our social acquaintances. We can also loan them to our acquaintances to do the same, or re-sell the DVD under the Doctrine of First Sale.

For the book analogy--ok, so I have 50 people over in my back yard and READ them the book-that would be pretty much the same as having 50 people in my back yard to watch a movie....

Yes, it's the same... and both could be copyright violations if deemed to be a public performance. But in the eyes of the law, sequentially sharing a book with 50 people is not necessarily the same as reading it aloud to 50 people in terms of the author's rights. Your assertion was that sharing a work and having a mass performance are no different.

 

[Rupert B Puppenstein]

OP - I have a business contact over at Swank. Did you want me to reach out to her & ask? You can PM me the details & I'll ask her.

Thanks for the offer! But, I already have a contact at both Swank and MPLC and they have both been so helpful. We are going through Swank this time because our HOA does not need to show movies all year and can't really afford the yearly rate until we do a lot of fundraising for the social committee.

My view is better safe than sorry. In the case of a neighborhood, we all have those residents that wouldn't hesitate to report unauthorized movies being shown in our park, etc. (If you don't have any grumpy neighbors I am jealous!) So, rather than deal with attorney's and fines, $150 is good piece of mind. I originally had the viewpoint of a few of you where I thought it was ridiculous to get a license but I now see the value of it. The amount of the license won't break the bank and be a wonderful event for our neighborhood. I am really looking forward to it.

 

[golfgal]

OP - I have a business contact over at Swank. Did you want me to reach out to her & ask? You can PM me the details & I'll ask her.

I would be curious to know if we had a party at our house and showed a movie in our back yard if we would LEGALLY need a permit. Say we have 50 teenagers, friends of our kids, over and they have a bonfire and watch a movie on a sheet hanging from our deck-played from a video we purchased at a store projected from a home computer type set up.

 

[DWGal210]

Sure! I'll email her & let you know.

I would be curious to know if we had a party at our house and showed a movie in our back yard if we would LEGALLY need a permit. Say we have 50 teenagers, friends of our kids, over and they have a bonfire and watch a movie on a sheet hanging from our deck-played from a video we purchased at a store projected from a home computer type set up.

 

[golfgal]

Sure! I'll email her & let you know.

Thanks!