Copyrights
If you want to show a movie, then you need to understand and abide by the Federal Copyright Act.
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. Parks and recreation departments, colleges, universities, public schools, day care facilities, summer camps, churches, private clubs, prisons, lodges, businesses, etc. are all examples of situations where a public performance license must be obtained, regardless of whether admission is charged, whether the institution is commercial or non-profit or whether a federal, state or local agency is involved.
Copyrighted movies borrowed from other sources such as public libraries, colleges, personal collections, etc. cannot be used legally for showing in colleges or universities or in any other site which is not properly licensed.
Expand All
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 store or online store are licensed for your private use; they are not licensed for exhibition to the public.
The concept of “public performance” is central to copyright and is the main issue of protection for these intellectual properties. Most of the persons participating in movie productions depend upon royalties for a major portion of their payment for work performed.
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.
**Please contact The Department of Student Engagement before screening a film under this exemption.**
Obtaining a public performance license is easy! 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. Brandeis University uses
Swank, which represents multiple studios for public licensing.
Frequently Asked Questions
Expand All
Yes. A license is required for all public performances regardless of whether admission is charged.
Companies who sell or rent movies for “home use only” and cannot provide legal permission for use outside the home or residence hall. You can only obtain licensing directly from a licensor (such as Swank Motion Pictures, Inc.), not from a third party.
Brandeis bears the ultimate responsibility and consequences of copyright infringement. However, anyone involved (e.g., club leaders) with the public performance of copyrighted material should seek compliance.
Yes. Neither the rental, purchase or lending of a videocassette or DVD carries with it the right to exhibit movies outside the home or residence hall.
Absolutely. Copyright pertains to all movies regardless of the year it was produced.
Yes. A license needs to be obtained regardless of the number of people attending the screening, if the movie is being shown outside your home, residence hall, or closed, private meeting space. Contact The Department of Student Engagement with questions about what is considered a “closed meeting.”
Your order is for a limited license to exhibit only to the agreed upon time and place. Violation of this is subject to the penalties set forth in the Federal Copyright Act. No movie or any portion thereof may be copied or duplicated in any manner.
Advertising through media such as public radio, public television or general public newspaper is strictly prohibited. Advertising must be used exclusively to inform members or staff of movie showings via on-premises bulletin boards or direct mail.
You may fundraise with any movie except for Walt Disney Pictures’ feature-length movies, for which you may only charge admission to help defray the rental cost of the movie.
In the event of inclement weather, electrical problems, projector malfunction or other problems that prevent you from showing your film on your scheduled date, you have the option to show the film again within one year at no additional rental charge. Titles cannot be substituted for rescheduling. All advertising and admission policies still apply to the rescheduled show.
For any questions regarding copyright law or screening a movie contact the Department of Student Engagement at 781-736-5065.