Securing the proper public performance license is absolutely essential before exhibiting any film to an audience outside of your immediate household. Failing to do so constitutes copyright infringement, with potentially significant legal and financial repercussions. This guide will illuminate the complex world of movie licensing, empowering you to navigate the process with confidence and ensure your event is both successful and legally compliant.
Why You Need a Public Performance License
Screening a movie in your living room for friends and family is generally considered a private viewing, falling under the “home use” exemption of copyright law. However, once you venture outside this private sphere, showing a film to a group, regardless of whether admission is charged or not, transforms the event into a public performance. This requires specific permission from the copyright holder, which is granted through a public performance license.
The concept is simple: the copyright holder invested significant resources into creating the film. Licensing fees compensate them for the commercial use of their intellectual property and contribute to the ongoing creation of new content. Ignoring this obligation not only disrespects the creative process but also exposes you to legal risks.
Identifying the Rights Holder
Before you can obtain a license, you need to know who to license from. Typically, this isn’t the director or the actors, but rather the production company or film distributor that owns the copyright to the film.
Major Licensing Agencies
Fortunately, you don’t have to track down individual studios for every movie. Several agencies act as intermediaries, representing the rights of numerous studios and independent filmmakers. Here are a few of the most prominent:
- Motion Picture Licensing Corporation (MPLC): A leading provider of umbrella licenses for many types of public screenings.
- Swank Motion Pictures: Primarily focuses on licensing films for non-theatrical venues, such as schools, hospitals, and hotels.
- Criterion Pictures: Specializes in licensing independent, foreign, and art-house films.
- Film Movement: Also focuses on independent and art-house films, often with a social justice or politically charged message.
Contacting the Licensing Agency
Once you’ve identified the appropriate agency, visit their website or contact them directly. Be prepared to provide detailed information about your planned screening, including:
- Title of the film
- Date, time, and location of the screening
- Expected audience size
- Whether admission will be charged
- Purpose of the screening (e.g., fundraising, educational, entertainment)
Understanding the Licensing Process
The licensing process itself is usually straightforward but can vary depending on the agency and the specifics of your event.
Obtaining a Quote
After providing the necessary details, the agency will provide you with a quote for the license fee. This fee is calculated based on factors like audience size, ticket price (if applicable), and the film’s popularity. Licensing fees can range from a few dollars to several hundred, or even thousands, depending on the context.
Paying the License Fee
Once you accept the quote, you’ll need to pay the license fee. Most agencies accept various forms of payment, including credit cards and checks. After payment, you’ll receive official documentation confirming your license.
Displaying Your License
While not always mandatory, it’s a good practice to keep a copy of your license readily available at the screening venue. This can help resolve any potential misunderstandings.
Key Considerations for Different Venues
The licensing requirements can also vary depending on the type of venue hosting the screening.
Educational Institutions
Schools and universities often have specific agreements with licensing agencies, allowing them to screen films for educational purposes. However, these agreements typically have limitations. Showing a film for entertainment purposes outside of the classroom usually requires a separate license.
Non-Profit Organizations
Non-profit organizations are not exempt from licensing requirements. Whether you’re hosting a fundraising event or a community outreach program, you’ll need to secure a public performance license.
Businesses
Businesses that show movies to employees or customers, even as background entertainment, require a license. This includes restaurants, bars, gyms, and retail stores.
Frequently Asked Questions (FAQs)
Here are 12 commonly asked questions about licensing movies for public viewing:
FAQ 1: What happens if I screen a movie without a license?
Screening a movie without a public performance license is a violation of copyright law. The copyright holder can pursue legal action against you, potentially resulting in fines, damages, and even legal fees. The severity of the penalties depends on factors like the size of the audience, the commercial nature of the event, and the copyright holder’s enforcement policies.
FAQ 2: Does it matter if I don’t charge admission?
No, whether or not you charge admission is irrelevant. The key factor is whether you’re showing the film to an audience outside your immediate household. Even if the screening is free, it’s still considered a public performance and requires a license.
FAQ 3: Can I use a DVD or Blu-ray I purchased for home use?
No, purchasing a DVD or Blu-ray only grants you the right to view it privately in your home. It does not give you the right to screen it publicly. These discs are labeled with warnings against unauthorized public performance.
FAQ 4: How far in advance should I apply for a license?
It’s best to apply for a license well in advance of your screening, ideally at least two to four weeks. This allows the agency time to process your request and ensures you have the license in place before the event. Last-minute requests might not be accommodated.
FAQ 5: What if I’m showing a short film?
Even short films require a public performance license if you’re showing them to an audience outside your immediate household. Contact the filmmaker or distributor to obtain the necessary permission.
FAQ 6: Are there any exceptions to the licensing requirement?
Yes, there are limited exceptions, primarily for face-to-face teaching activities in non-profit educational institutions. The screening must be directly related to the curriculum, take place in a classroom setting, and involve legitimate instructional activities. However, this exception is narrow and should be carefully reviewed to ensure it applies.
FAQ 7: What is an “umbrella license”?
An umbrella license allows you to screen multiple films from a specific studio or group of studios over a defined period. This can be a more cost-effective option if you plan on hosting frequent movie screenings. The MPLC often offers these.
FAQ 8: How long does a public performance license last?
A public performance license typically covers a single screening on a specific date and at a specific location. If you want to show the same film again, you’ll need to obtain a new license.
FAQ 9: What information do I need to provide to the licensing agency?
You’ll typically need to provide the film title, screening date, time, location, expected audience size, whether admission will be charged, and the purpose of the screening.
FAQ 10: Can I get a discount on the license fee?
Discounts may be available for certain types of organizations or events. Contact the licensing agency to inquire about potential discounts. Non-profit organizations and educational institutions may be eligible.
FAQ 11: What if the film is in the public domain?
If a film is genuinely in the public domain, meaning the copyright has expired, you don’t need a license to screen it. However, verifying the public domain status can be complex. Consult with a legal expert if you’re unsure.
FAQ 12: What if I’m showing a film online?
Showing a film online, even privately, to a group requires a different type of license, often called a streaming license or a digital rights management (DRM) license. Contact the filmmaker or distributor to obtain the appropriate permission. Streaming licenses are often more expensive due to the increased risk of piracy.
Conclusion
Navigating the world of movie licensing can seem daunting, but by understanding the basics and following the steps outlined in this guide, you can ensure your public movie screenings are both enjoyable and legally compliant. Remember to always prioritize securing the necessary licenses before exhibiting any film publicly. It’s a small price to pay for peace of mind and the continued support of the film industry. Failing to do so can have serious consequences. Don’t let a licensing oversight cast a shadow over your event; instead, embrace the opportunity to showcase great films responsibly.