Showing movies publicly requires more than just a screen and a projector. To legally screen films outside the home – whether for a fundraiser, a film club, a business event, or any other public viewing – you must secure a public performance license. Failure to do so constitutes copyright infringement and can result in significant fines and legal repercussions. This article provides a comprehensive guide to navigating the often-complex process of obtaining the necessary licenses to legally showcase movies.
Understanding Public Performance Rights
The cornerstone of obtaining movie licensing is understanding public performance rights. These rights, granted to the copyright holders (typically movie studios or distributors), dictate who can show their films publicly and under what circumstances. When you purchase a DVD or stream a movie for personal viewing at home, that purchase or subscription only grants you the right to view it privately. Public performance transcends this private sphere.
What Constitutes a Public Performance?
The term “public performance” is broad, encompassing any screening that occurs outside the normal circle of a family and its social acquaintances. This includes showings at:
- Schools and universities
- Libraries
- Churches
- Businesses (restaurants, gyms, hotels)
- Community centers
- Film festivals (unless specifically exempted)
- Any venue where a fee is charged for admission (even if the fee is for a separate activity and the movie showing is “free”)
Even seemingly innocuous showings, such as a film club meeting in a community hall, require licensing. The key is whether the screening is open to a wider audience than just a close circle of friends and family.
How to Secure the Necessary Licenses
Obtaining a public performance license involves contacting the copyright holders, or more commonly, their licensing representatives, to negotiate the rights for the specific film(s) you intend to show and the venue where you plan to show them.
Licensing Agencies: Your Primary Resource
Several organizations act as intermediaries between movie studios and those seeking public performance licenses. These agencies handle the licensing process for a vast library of films, simplifying the process significantly. The most prominent licensing agencies include:
- Motion Picture Licensing Corporation (MPLC): MPLC represents a wide range of studios, including major Hollywood players and independent film producers. They offer blanket licenses for specific types of organizations, such as schools, libraries, and non-profit groups.
- Criterion Pictures USA: Criterion Pictures focuses on educational and documentary films. They provide licensing for schools, universities, and other educational institutions.
- Swank Motion Pictures: Swank specializes in providing movie licensing to non-theatrical markets, including hotels, hospitals, and cruise ships.
Contacting these agencies directly is the first step in determining if they represent the films you wish to screen and what the licensing fees might be.
The Licensing Process: A Step-by-Step Guide
- Identify the film(s) you want to show: Clearly define the specific movies you plan to screen. Title, year of release, and studio are essential information.
- Determine the venue and audience: Provide details about the location where the screening will take place, the expected audience size, and whether admission fees will be charged.
- Contact the appropriate licensing agency: Based on the film(s) you want to show, contact MPLC, Criterion Pictures, Swank Motion Pictures, or other relevant licensing agencies. You can usually find contact information on their websites.
- Request a quote: Provide the licensing agency with the details outlined above (film title, venue, audience size, etc.) and request a quote for the public performance license.
- Negotiate the terms (if necessary): Depending on the specific circumstances, you may be able to negotiate the licensing fee. Factors such as audience size, frequency of screenings, and non-profit status can sometimes influence the price.
- Sign the licensing agreement: Once you agree to the terms, you will sign a licensing agreement outlining your rights and responsibilities.
- Pay the licensing fee: Pay the required licensing fee to the licensing agency.
- Retain proof of licensing: Keep a copy of the licensing agreement and proof of payment for your records.
Alternatives to Traditional Licensing
In certain limited circumstances, alternatives to traditional licensing may exist.
- Fair Use: “Fair Use” is a legal doctrine that allows limited use of copyrighted material without permission from the copyright holder. However, fair use is highly fact-specific and generally not applicable to public movie screenings. It’s crucial to consult with legal counsel before relying on fair use.
- Direct Contact with Studios: While less common, you can attempt to contact the movie studio or distributor directly to obtain a license. This is often more complex and time-consuming than working with a licensing agency.
Frequently Asked Questions (FAQs)
FAQ 1: What happens if I show a movie without a license?
Showing a movie publicly without a license is a violation of copyright law. You could face legal action from the copyright holders, including fines, penalties, and even lawsuits. The fines can be substantial, potentially reaching thousands of dollars per violation.
FAQ 2: How much does a public performance license cost?
The cost of a public performance license varies depending on several factors, including the specific film, the audience size, the venue, the type of organization seeking the license, and the frequency of screenings. It is essential to request a quote from the relevant licensing agency to get an accurate estimate.
FAQ 3: Do I need a license to show a movie at a school?
Yes, schools typically need a public performance license to show movies, even if the showing is educational. MPLC and Criterion Pictures are common choices for educational institutions.
FAQ 4: What is a blanket license?
A blanket license allows an organization to show movies from a specific studio or collection of studios over a defined period (usually a year) without having to obtain separate licenses for each film. This is a cost-effective option for organizations that show movies frequently.
FAQ 5: Do I need a license if the movie showing is free?
Yes, the fact that the movie showing is free does not negate the need for a public performance license. The act of showing the movie publicly, regardless of whether admission is charged, triggers the requirement for a license.
FAQ 6: Can I use a DVD I purchased for personal use to show a movie publicly?
No, purchasing a DVD or streaming a movie for personal use only grants you the right to view it privately. Public performance rights are separate and require a specific license.
FAQ 7: What if I’m showing a very old movie? Does it still require a license?
Copyright protection generally lasts for many decades after the author’s death or the film’s release. Even older films are often still protected by copyright and require a license for public performance. It’s vital to verify the copyright status before assuming a film is in the public domain.
FAQ 8: I am showing a movie at my church. Do I need a license?
Yes, churches typically require a public performance license to show movies. Contact MPLC to inquire about licensing options for religious organizations.
FAQ 9: How long does it take to get a public performance license?
The time it takes to obtain a license can vary depending on the licensing agency and the complexity of the request. It’s best to apply for the license well in advance of your scheduled screening date, ideally several weeks or even months before.
FAQ 10: Can I get a license for just one movie showing?
Yes, you can obtain a license for a single movie showing. This is often referred to as a “one-time screening license.” Contact the licensing agency and specify that you only need a license for a single event.
FAQ 11: Do I need a license to show a movie outdoors?
Yes, showing a movie outdoors constitutes a public performance and requires a license, regardless of whether the screening is in a public park or on private property.
FAQ 12: Are there any exceptions to the public performance license requirement?
There are very limited exceptions to the public performance license requirement. The most common exception is for “face-to-face teaching activities” in a classroom, where the movie is directly related to the curriculum. However, this exception typically does not apply to showings outside of the classroom environment or for recreational purposes.
By understanding the intricacies of public performance rights and diligently following the steps outlined above, you can ensure that your movie screenings are legal and enjoyable, protecting yourself from potential legal issues and supporting the creative work of filmmakers. Remember that proactive licensing is not just a legal obligation, but also a gesture of respect for the artists and creators who bring these stories to life.