Movie Policy for Student Groups
Copyright Compliance and Public Performances.
The Federal Copyright Act specifies copyrighted materials like movies can be used publicly if properly licensed. However, neither the rental nor purchase of a movie carries the right to exhibit it outside of one’s home. To show movies, groups are required to obtain a license for a copyright compliant exhibition.
What exactly is a public performance?
A public performance is the exhibition of a movie that is shown outside of someone’s home.
Who does copyright law apply to?
This law applies to everyone, regardless of whether admission is charged, whether the institution is commercial or nonprofit or whether a federal, state or local agency is involved.
This means businesses, colleges, universities, public schools, public libraries, day care facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges and more all must properly license movies to show them publicly.
What happens to those who violate copyright law?
Motion picture companies can and will go to court to ensure their copyrights are not violated. Those convicted could face embarrassing publicity, up to five years in prison and fines ranging up to $250,000.
Do I need a license to show a movie for educational purposes? This activity is covered under the “Face-to-Face Teaching Exemption,” right?
It depends. Under the "Face-to-Face Teaching Exemption," copyrighted movies may be shown in a school setting without copyright permission only if all criteria are met:
A teacher or instructor is present, and engaged in face-to-face teaching activities.
The institution must be an accredited, nonprofit educational institution.
The showing takes place in a classroom setting with only enrolled students in attendance.
The movie is used as an essential part of the core, required curriculum being taught. (The instructor should be able to show how the use of the motion picture contributes to the overall required course study and syllabus.)
The movie being used is a legitimate copy, not recorded from a legitimate copy or recorded from TV.
This means the "Face-to-Face Teaching Exemption" does not apply outside the nonprofit, in-person, classroom teaching environment. It doesn't apply to movies shown online – even if they’re part of course-related activities and websites. It also doesn't apply to interactions that are not in-person - even simultaneous distance learning interactions. It doesn't apply at for-profit educational institutions.
For specific requirements, please reference The Copyright Act of 1976, Public Law No. 94-553, 90 stat 2541: Title 17; Section 110(i), or consult your copyright attorney.
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 someone owns the movie?
The rental, purchase, lending or download of a movie does not provide the right to exhibit it publicly outside the home unless the screening is properly licensed.
What if a third party says it is okay to exhibit the movie?
All movies are sold as “home use only” and do not contain legal permission for use outside the home. You can only obtain copyright licensing directly from a licensor or the studio itself, not from a third party.
Who’s responsible if a film is shown without a license?
The management of the venue or premises where the movie is shown bears the ultimate responsibility and consequences of copyright infringement. However, anyone involved with the public performance of copyrighted material could be implicated.
If I purchased a license to show a movie, can I show that movie whenever I want?
Unfortunately, no. Licenses are valid for a specific, designated time frame.
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.
Credit: Swank Motion Pictures, Inc.
Copyright Law of the United States (Title 17)
