What The Law Says About Copyright
What the Law Says
The Federal Copyright Act (The Copyright Act of 1976, Public Law 94-553, 90 stat. 2541: Title 17; Section 110(i) 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 public exhibition.
This legal copyright compliance requirement applies to schools, public libraries, daycare facilities, parks, recreation departments, summer camps, churches, private clubs, prisons, lodges, businesses, etc.
This legal requirement applies:
- Regardless of whether an admission fee is charged
- Whether the institution or organization is commercial or non-profit
- Whether a federal, state or local agency is involved
Why is Copyright Infringement a Concern?
The concept of "Public Performance” is central to copyright and is the main issue of protection for intellectual property. Most of the persons participating in movie productions depend upon royalties for a major portion of their payment for work performed.
If an author, computer programmer, musician or movie producer loses the revenue from royalties for his or her work, and thus has little chance of recouping the enormous investment in time, research and development of their creations, they must turn to the U.S. Copyright Law for assistance. Consequently, if their intellectual creations are being used by others who are not paying compensation (royalty) for the use, copyright law may need to be enforced.
Copyright Infringers Can be Prosecuted - Consult your Legal Copyright Advisor/Attorney
The Motion Picture Association of America and its member companies are dedicated to stopping film and video piracy in all its forms, including unauthorized public performances, illegal downloading, etc. The motion picture companies can go to court to ensure their copyrights are not violated.
To avoid embarrassing publicity and fines, it is important to comply with U.S. Copyright Law when using movies publicly.
If you are uncertain about your responsibilities under copyright law, consult your legal copyright compliance advisor or attorney.
Copyright Resources
Commonsense Copyright: A Guide For Educators & Librarians
By Rosemary Talab, (McFarland Publishing, c1999).
United States Copyright Office - The Library of Congress
The U.S. Copyright Office Library of Congress’ official website presents complete information regarding copyright issues.
Motion Picture Association of America (MPAA)
The MPAA is an anti-piracy organization that is dedicated to assist local governments and law enforcement authorities in the investigation and prosecution of piracy cases, initiate civil litigation on behalf of its’ member companies against copyright infringes, and conduct education outreach programs regarding the harmful effects of piracy.
U.S. Department of Justice, Copyright Infringement
Site addresses the seriousness of copyright infringement, the "Fair Use" defense and the criminal penalties for convicted.
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