The Federal Copyright Act (Title 17, United States code, Public Law 94-553, 90 Stat. 2541) governs how copyrighted materials, such as movies, may be utilized publicly. Neither the rental nor the purchase or lending of a videocassette or DVD carries with it the right to exhibit such a movie publicly outside the home, unless the site where the video is used is properly licensed for copyright compliant exhibition.

We own the DVD, so do we still need a license to view or show it in public?

Yes. The location requires a license regardless of who owns the audiovisual work. While you may own the actual DVD, you are only granted the right to view it in your home, not to perform it in public.

What constitutes a public performance?

Any exhibition of a movie outside the privacy of a home setting is considered a public performance.

Do we need a license even if we don’t charge admission?

Yes! A license is required for all public performances regardless of whether admission is charged.

What if a video store or equipment provider says it is okay to exhibit rented or purchased movies?

These stores rent and sell movies for “Home Use Only” and cannot provide legal permission for use outside the home. You can only obtain licensing directly from a licensor (such as Swank Motion Pictures, Inc.), not from a third party.

I own the movie. Do I still need a license to show it outside my home?

Neither the rental, purchase, lending or download of a movie carries with it the right to exhibit it publicly outside the home, unless the screening is properly licensed.

If I purchased a license to show a movie, can I show that movie whenever I want?

No. Licenses are for a specific, designated time frame. There are no annual licenses available to colleges and universities.

A small group is having an informal gathering in our facility. Do we still need a license?

Yes! A license needs to be obtained regardless of the number of people attending the screening, if the movie is being shown outside the home.

Education Exemption

Under the “Education Exemption,” copyrighted movies may be exhibited in a college without a license only if the movie exhibition is:

• An “integral part of a class session” and is of “material assistance to the teaching content.”
• Supervised by a teacher in a classroom.
• Attended only by students enrolled in a registered class of an accredited nonprofit educational institution.
• Lawfully made using a movie that has been legally produced and obtained through rental or purchase.